Patently-O

SEPTEMBER 6, 2022

3730(e)(4)(A) (2010). Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. On appeal, the Federal Circuit concluded that the patent prosecution files stemmed from an administrative hearing and thus qualifies as an “other Federal … hearing.”

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

NOVEMBER 27, 2022

The following list ranks the top 25 firms with the most registered patent law professionals. All of these firms have 100+ patent attorneys/agents. I also include a note following the firm with some information about how the numbers have changed since 2010. Fish & Richardson (Steady). Qualcomm (Some growth).

Patent 94

Patent Registration Patent Law IP 94

SpicyIP

AUGUST 27, 2024

Assistant Controller Of Patents , where the patent application pertains to a claim of an “orally rapidly disintegrating tablet comprising imidafenacin”, thereby having the advantage of being easily administered to elderly people and children (application no. 5360/CHENP/2010). 5364/CHENP/2010 had been granted Patent No.

Patent 91

Patent Art Invention Patent Application 91

Patently-O

DECEMBER 20, 2023

The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. Yet scholarship on racial and gender inequality in the patent system is growing. In addition, scholars have explored racist and sexist norms baked into the content of patent law itself.

Government 69

Government Patent Law Patent Law 69

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. plants, animals, and microorganisms), and knowledge systems.

Designs 114

Designs Design Intellectual Property Licensing 114

SpicyIP

JANUARY 3, 2024

Choudhary The Patent Agent Exam is just around the corner: Over the holidays, I created a website for preparing for the patent agent exam (PAEP) and named it as such. I had created a prior version of the website some time back and wanted to update it for quite some time, post publication of my book on Patent Law and Practice.

Patent 64

Patent Blogging Patent Law IP 64

IPilogue

NOVEMBER 3, 2022

On August 26, 2022, Moderna released a press statement that they will pursue a patent infringement lawsuit against Pfizer/BioNTech for their use of Moderna’s registered mRNA patents in creating the Pfizer COVID-19 mRNA vaccine. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

Patent Drafting 52

Patent Drafting Patent Inventor Invention 52

Patently-O

MAY 26, 2023

The approach of Amgen echoes that of the Supreme Court’s 2010 Bilski decision, which advised a simple adherence to established precedents. It remains to be seen how this lack of engagement with Federal Circuit precedent may influence future patent law decisions. Morse , 15 How. Cutter , 29 F. 1120 (C.C.D.

Patent Law 72

Patent Law Inventor Patent Law 72

LexBlog IP

SEPTEMBER 30, 2021

Arnold LJ is the preeminent patent law specialist on the Court of Appeal. He was elevated to the Court of Appeal in 2019, after being appointed to the High Court in 2008, and as Judge in Charge of the Patents Court in April 2013. Impressive as this is, however, Birss LJ is no lightweight.

Inventor 52

Inventor Patent Law Patent Application Invention 52

Patently-O

AUGUST 4, 2021

It should be noted however that the ongoing patent reform in South Africa provides for training and infrastructure upgrades to accommodate a shift towards implementing SSE. Does substantive South African patent law preclude AI inventorship? 1] Hay v African Gold Recovery Co 1902 TS 232 p 233. [2] Mr Meshandren Naidoo is a Ph.D

Invention 128

Invention Patent Inventor Intellectual Property 128

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] 13] Patent Cooperation Treaty, June 19, 1970, 28 U.S.T. 121; 36 I.L.M.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Patently-O

FEBRUARY 20, 2023

In Bilski , the Supreme Court recognized that the traditional exclusions of “abstract ideas” and “laws of nature” were not textually derived, but were of such antiquity that their precedent could be maintained and justified. 593 (2010). Kappos , 561 U.S.

Invention 90

Invention Technology Patent Law 90

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 59

Invention Art Patent Design 59

LexBlog IP

AUGUST 2, 2022

The sole driver of the growth in ex parte decisions has been patent-eligibility according to the ‘manner of manufacture’ test under Australian patent law. Since 2010 there have been 115 published decisions on eligibility, with the claims at issue being found ineligible in 100 of those cases.

Invention 52

Invention Patent Publishing Law 52

IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Today while the ABS tries to support traditional knowledge, the number of benefits reaped by the communities remains questionable.

Ownership 94

Ownership Privacy Public Domain Copyright 94

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series. Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Patently-O

MAY 6, 2024

” The printed matter doctrine a unique and somewhat amorphous concept in patent law that straddles the line between patent eligibility under 35 U.S.C. § On the eligibility side, the doctrine serves as a screening tool to exclude claims that are directed solely to the content of information from patent protection.

Patent 64

Patent Invention Design Designs 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

magna cum laude , Order of the Coif, from Southern Methodist University Dedman School of Law, where she was editor-in-chief of the Journal of Air Law and Commerce and a member of the SMU Law Review Association. In 2010, Rae graduated from the University of Texas with a B.S. in electrical engineering in 2010.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Patently-O

MAY 17, 2024

In justifying its decision, the ARP emphasized the need to ensure that patent claims do not “overreach the scope of the inventor’s contribution to the field of art as described in the patent specification.” ” quoting Ariad Pharms., Eli Lilly & Co. , 3d 1336 (Fed.

Invention 89

Invention Patent Inventor Patent Application 89

Patently-O

FEBRUARY 23, 2022

So these studies can’t tell us much about what’s going on in the Federal Circuit era, unless one assumes—unreasonably—that the Federal Circuit didn’t meaningfully change design patent law. We note that our findings are consistent with what Professor Crouch found in his 2010 study of design patent examination.).

Design Patent 134

Design Patent Designs Design Patent 134

Patently-O

OCTOBER 17, 2023

by Dennis Crouch The intersection between factual inquiries and legal conclusions in patent law is a complex and ever-evolving area, this is especially true in obviousness doctrine. A recent Federal Circuit decision highlights the tricky analysis required in assessing obviousness and damages in patent cases. In Cyntec Co.

Law 64

Law Art Patent Patent Law 64

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation.

Copyright 117

Copyright Art Licensing Contracts 117

The IPKat

OCTOBER 31, 2021

Motorola Inc , [2010] EWHC 118 (Pat). Moreover, with patent infringement being a strict liability tort, there is no plausible legal basis in patent law for introducing a requirement that there must be commercial intent for there to be infringement, let alone in cross-border situations. William Hill Org. 2d 1070 (Ct.

Patent 84

Patent Invention Intellectual Property Law Intellectual Property 84

Patentably Defined

JULY 28, 2010

This Interim Guidance went into effect yesterday, July 27, 2010, supersedes previous guidance on subject matter eligibility, and is to be retroactively applied to all pending applications. © 2010, Michael E. The Law Office of Michael E. DC Patent Attorney.

Blogging 40

Blogging Patent Law Law Patent 40

Patently-O

AUGUST 14, 2022

Schor, The Reissue Recapture Doctrine: Its Place Among the Patent Laws , 22 Cardozo Arts & Ent. 451, 456 (2004) (the doctrine applies “if a patent applicant narrowed the scope of the claims during the prosecution of an application to overcome art of record (i.e., Vascular Sols., LLC, 408 F. 3d 996, 1005 (D.

Art 78

Art Patent Application Patent Editing 78

Patently-O

SEPTEMBER 13, 2021

Most significantly, HTC was the developer and manufacturer of Google’s Nexus One Android phone , which was released in 2010. As such, the Fifth Circuit in this case held that the district court’s omission of a specific jury instruction on apportionment – a patent law doctrine – was not error. Judge Higginson disagreed.

Licensing 56

Licensing Contracts Patent Law Law 56

The IP Law Blog

NOVEMBER 3, 2022

Moderna was founded in 2010 for the sole purpose of developing mRNA medicines. Moderna believes that it is a pioneer in the field of messenger RNA (mRNA) technology, which utilizes the body’s own cell machinery to produce proteins to prevent disease. In fact, the name “Moderna” was chosen based on “modified mRNA.”

IP 52

IP Intellectual Property Technology Publishing 52

The IPKat

NOVEMBER 29, 2021

Margaret was married to Professor Rob Bradgate, a professor of commercial law at the University of Sheffield from 1989 until 2010, when he retired. Memorials Mike Adcock, Assistant professor, University of Durham Margaret gave me the opportunity to move into law working on the Plant Intellectual Property Project in 1999.

Intellectual Property 78

Intellectual Property Intellectual Property Law IP Law 78

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. It further notes that India ranks 8 th in AI patents, and 4 th in terms of AI scholarly papers.

IP 93

IP Intellectual Property Reporting Government 93

IP and Legal Filings

APRIL 5, 2022

Inventors agree to expose their findings to the public via the patent specification in exchange for the public granting them an exclusive right to utilize those discoveries for a set period of time. In this way, the protections afforded by patent law benefit both the inventor and the general public.

Invention 76

Invention Inventor Patent Business 76

Patentably Defined

JULY 9, 2010

To share a few non-patent law related links that I think might be of interest to my readers, along with some links to the technology I use, I have added an informational footer below. © 2010, Michael E. The Law Office of Michael E. first appeared on Patentably Defined. After all, the more the merrier!

Blogging 40

Blogging Patent Law Law Technology 40

IP and Legal Filings

APRIL 5, 2022

Inventors agree to expose their findings to the public via the patent specification in exchange for the public granting them an exclusive right to utilize those discoveries for a set period of time. In this way, the protections afforded by patent law benefit both the inventor and the general public.

Invention 52

Invention Inventor Patent Business 52

The IPKat

AUGUST 24, 2023

Novartis appealed this decision and ended up obtaining a PI on appeal in October 2010. At that time, the Opposition Division (OD) of the EPO, as well as the UK and Dutch Courts had already revoked the patent. Novartis’ request for a PI in Belgium was rejected by the Dutch-speaking enterprise Court of Brussels.

Litigation 52

Litigation Law Patent Invention 52

The IPKat

SEPTEMBER 12, 2021

Indeed, Merpel is struck by the comment about the " UK court is not here to police European patents across Europe ". Merpel wonders how that squares with the quasi-policing of non-UK patents in other areas of patent law, such as in the determination of global FRAND licences. Purr-haps a good topic for a dissertation.

Litigation 98

Litigation Patent Marketing Marketing 98

SpicyIP

MARCH 11, 2024

First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019. Law Commission releases Report on “Trade Secrets and Economic Espionage”, recommends a legislation to protect trade secrets.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

JANUARY 27, 2024

2010’s International Efforts on Pandemics: Did you know Swaraj’s 2010 post on “ Progress(?) Oh wait–speaking of health emergencies, let’s not miss Article 21 of the Indian Constitution, as Rahul Bajaj discussed Invoking the Fundamental Right to Health to Push Govt to Use Patent Law Levers during COVID-19.

IP 64

IP Licensing Copyright Blogging 64