SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement. Patent no. ’127

Patent Infringement 119

Patent Infringement Patent Patent Application Intellectual Property 119

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Notably, several pesticides manufactured by European companies are going off patent in recent times. Brief Findings of the Study. Impact of Non-Working.

Patent 126

Patent Licensing Invention Government 126

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

The IPKat

JULY 22, 2022

WIPO highlighted that similar treaties are in place: the Patent Law Treaty of 2000 , the Trademark Law Treaty of 1994 and the Singapore Treaty on the Law of Trademarks of 2006. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

Designs 119

Designs Design Intellectual Property Licensing 119

IP Watchdog

MARCH 7, 2023

In a precedential decision published Monday, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeal Board’s (PTAB) decision to invalidate a pharmaceutical patent owned by the University of Minnesota. Patent 8,815,830 as unpatentable.

Patent 69

Patent Patent Application Art Publishing 69

Intellectual Property Law Blog

MARCH 29, 2021

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. 593, 611 (2010)). Without detailed explanations of “smart contract” set forth in the specification, patent prosecutors may find themselves in an uphill battle against the abstract idea finding. The Situation.

Contracts 100

Contracts Patent Patent Application Invention 100

SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. from Jindal Global Law School, Sonipat.]

Patent 105

Patent Invention Patent Application Public Domain 105

SpicyIP

MARCH 25, 2023

And the other is whether the patent in question, titled pharmaceutical combinations of an Angiotensin Receptor Antagonist and an NEP Inhibitor (IN 414518), is a secondary patent to the recently expired Vymada patent (combination of Valsartan-Sacubitril). However, of these 8 claims, Natco alleged that Claim no.

Patent 102

Patent Patent Application Reporting Litigation 102

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. International Trade Commission and 10X Genomics. The case is now pending on a petition for en banc rehearing before the Federal Circuit.

Invention 92

Invention Inventor Ownership Contracts 92

Patently-O

MARCH 7, 2023

Going forward, a patentee might avoid this particular problem with some patent attorney tricks. patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent.

Invention 118

Invention Patent Application Patent Art 118

Patently-O

JANUARY 10, 2022

Back in 2010, I wrote an article with Prof Rob Merges titled Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making. We suggested that patent examiners often lack capacity to judge metaphysical questions centered around abstractness and laws of nature.

Patent Application 66

Patent Application Patent Publishing Law 66

Patently-O

NOVEMBER 30, 2021

November 30, 2021 ), the Federal Circuit has extended that metaphor and found Biogen’s patents invalid for lack of written description. held a bench trial and concluded that the asserted claims Biogen’s MS treatment-method patent invalid for lack of written description. ‘514 patent. Biogen’s U.S.

Art 122

Art Invention Patent Inventor 122

The IPKat

NOVEMBER 18, 2022

In the late 1970s, only 2% of inventors named on patent applications were female. In addition to discussing trends over time, the EPO's report is especially revealing in relation to differences between Member States - though not a single Member State had women make up even a third of named inventors for the period 2010-2019.

Inventor 80

Inventor Reporting Intellectual Property Patent Application 80

Patently-O

DECEMBER 14, 2023

At the summary judgment stage, the parties filed competing summary judgment motions focusing on whether one patent being asserted (US7601740) should be held invalid based upon obviousness-type double patenting (OTDP). Because of the standard 20-year patent term calculation, both would ordinarily expire on the same day.

Patent 64

Patent Patent Application Invention Design 64

LexBlog IP

AUGUST 18, 2021

Over 1,000 Australian innovation patent applications were filed in July – an all-time record, ahead of 768 applications in June and 692 in May. Between 2010 and early 2020, there were typically between 100 and 200 innovation patent applications filed each month.

Patent Application 52

Patent Application Patent Intellectual Property Inventor 52

Garrigues Blog

APRIL 19, 2021

How can you use patents to protect the innovation that lies behind plant materials and at the same time secure a competitive edge in the market? When products such as these have undergone huge research, it can be advisable to protect them or the procedure used to obtain/produce the product, or both, through a patent.

IP 52

IP Patent Patent Application Invention 52

Patently-O

APRIL 25, 2024

government by using fraudulently obtained patent rights prop up its drug prices. 280 (2010). In a case now pending before the Supreme Court, Silbersher argues that Valeant fraudulently obtained patents for its drug Apriso, allowing it to delay generic competition and charge inflated prices to the government. 3729 (a)(1)(A).

Patent 59

Patent Government Art Reporting 59

LexBlog IP

OCTOBER 18, 2021

The case arises out of a 2018 lawsuit, in which four self-described inventors of DNA Arrays brought suit against Illumina, a “multibillion-dollar, global player in genetic analysis,” alleging that Illumina and its associates conspired to steal Petitioner’s trade secrets and covertly conceal the information in patent applications.

Patent Application 52

Patent Application Inventor Patent Infringement Invention 52

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. 3730(e)(4)(A) (2010). An ex parte patent prosecution is clearly “Federal”: the PTO is an agency of the U.S. ” Id.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. 2d 756, 757 (Iowa 2010). Similar issues also came up in the patent information disclosure statement cases a decade ago.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

LexBlog IP

APRIL 20, 2023

Last month the Federal Circuit affirmed a PTAB inter partes review (IPR) decision finding that the University of Minnesota’s patent claim directed to the anti-cancer drug sofosbuvir was not adequately supported by the written description in the applications to which it claimed priority. 2010) (en banc).

Patent 52

Patent Inventor Invention Art 52

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No.

Ownership 56

Ownership Inventor Patent Due Diligence 56

Patently-O

SEPTEMBER 16, 2022

This is a Patent Term Adjustment (PTA) case. Back before 1995, patents were awarded a term of 17-years following issuance. As part of an international negotiation and with some anti-submarine policy justifications, the US switched over to a 20-year term that starts counting days as of the application’s filing date.

Patent 63

Patent Patent Application Law Technology 63

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. 2010) (SCT “directed us to construe the scope of analogous art broadly”); Airbus S.A.S. It will be interesting to see whether the rates go up even further following this new guidance. Reiterating the Central Role of Graham v.

Art 122

Art Invention Patent Application Patent 122

The IPKat

NOVEMBER 9, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Mindia Davitadze (Stockholm University) on the recent accession of Georgia to the European Patent Office (EPO) Validation System. As of now, there are two traditional routes to obtain patent protection for an invention in Georgia.

Intellectual Property 69

Intellectual Property Patent Application Patent IP 69

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

MARCH 30, 2022

In my previous article I presented some data on Australian standard patent application prosecution events between 2017 and 2021. So I decided to check this by analysing the delays for all initial examination reports issued since 2010. months in 2019 to slightly over 12 months so far in 2022.

IP 52

IP Patent Reporting Editing 52

IP and Legal Filings

JUNE 15, 2023

Subsequently, the scientists worked on the plant and developed a patented medicine. A part of TK is exposed for patent review whereas the rest is kept undisclosed. Patent laws fail to protect traditional knowledge as it does not recognise generation innovation.

Ownership 98

Ownership Privacy Public Domain Copyright 98

Patently-O

AUGUST 14, 2022

The 1952 Patent Act edited the law to allow for reissue for “error[s]” where the patentee claimed either “more or less than he had a right to claim.” At the time, Congress also added a statutory caveat that broadening reissue must be applied for within two years of the patent grant. by Dennis Crouch.

Art 78

Art Patent Application Patent Editing 78

Patently-O

NOVEMBER 16, 2023

When the Supreme Court decided Bilski back in 2010, I was quite concerned about predictability and co-authored a BTLJ article with Prof. ” For folks fighting through eligibility cases these days, the biggest concern is no longer unpredictability, but that the law has pushed too far against patentability.

Patent Prosecution 49

Patent Prosecution Patent Application Law Patent 49

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

SpicyIP

MAY 14, 2024

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. What are Working Examples? Paragraph 05.03.09

Invention 59

Invention Patent Application Patent Designs 59

Patentably Defined

MAY 20, 2010

The USPTO has announced a new plan to increase the availability of its patent electronic filing system, EFS-Web, by providing a new contingency option when the primary portal to EFS-Web experiences an unscheduled outage. Provisional patent applications; 2. © 2010, Michael E. DC Patent Attorney.

Design Patent 40

Design Patent Patent Application Designs Design 40

Patently-O

MAY 17, 2024

The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage.

Invention 89

Invention Patent Inventor Patent Application 89

IIPRD

JUNE 24, 2024

From patents to copyrights, Trade Marks to trade secrets, the Berne Convention to TRIPS, knowing these accords is critical for individuals, corporations, and policymakers navigating the complexity of ‘intellectual property’ protection in the twenty-first century. ‘The It officially came into force on October 12, 2014.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

LexBlog IP

SEPTEMBER 30, 2021

An inventor is not required to play any active role in the filing, prosecution, or grant of a patent in the UK, so arguably there remains a question as to whether an application can be permitted to proceed even if a legally valid inventor has not been – or cannot be – named. PDF 998kB] ).

Inventor 52

Inventor Patent Law Patent Application Invention 52