Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

Journalism 56

Journalism Trademark Patent Patent Law 56

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

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

JANUARY 3, 2024

The Patent Agent Examinations are due on January 07, 2024. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website for the aid and assistance of the participants appearing in the Patent Agent Exam. So best wishes to the Exam Takers!

Patent 64

Patent Blogging Patent Law IP 64

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

Design Patent 134

Design Patent Design Designs Patent 134

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

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

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

Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

Patent 64

Patent Invention Design Designs 64

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. This is referred to as a proposed new ‘patent disclosure requirement’.

Design 114

Design Designs Intellectual Property Licensing 114

LexBlog IP

AUGUST 2, 2022

Once upon a time – not so very long ago, in fact – it was rare for the Australian Patent Office to issue a formal published ruling on the patent-eligibility of claims submitted for examination. Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions.

Invention 52

Invention Patent Publishing Law 52

The IPKat

OCTOBER 31, 2021

Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. The traditional notion that patents are territorial rights is, however, under considerable stress.

Patent 84

Patent Invention Intellectual Property Law Intellectual Property 84

Patently-O

MAY 26, 2023

1 (1846); The Incandescent Lamp Patent , 159 U. The approach of Amgen echoes that of the Supreme Court’s 2010 Bilski decision, which advised a simple adherence to established precedents. The case involved a patent covering starch-based glue. Halliburton that was later rejected by the 1952 Patent Act. 245 (1928).

Patent Law 72

Patent Law Inventor Patent Law 72

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

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

Litigation 52

Litigation Law Patent Invention 52

LexBlog IP

SEPTEMBER 30, 2021

While all three judges on the Court of Appeal agreed that an ‘inventor’ under the UK law must be a human being, the fact that DABUS is a machine was not immediately determinative of the outcome. Arnold LJ is the preeminent patent law specialist on the Court of Appeal. PDF 998kB] ).

Inventor 52

Inventor Patent Law Patent Application Invention 52

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.” Claims: 1.

Invention 59

Invention Art Patent Design 59

Patently-O

FEBRUARY 20, 2023

Constitution authorizes Congress to legislatively create a patent system. And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

Invention 90

Invention Technology Patent Law 90

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 97

Ownership Privacy Public Domain Copyright 97

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

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

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

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. Patent Nos.

Law 64

Law Art Patent Patent Law 64

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. LEXIS 170087 (E.D.

Licensing 56

Licensing Contracts Patent Law Law 56

IP and Legal Filings

APRIL 5, 2022

“Developed countries exploit biotechnology patents to expropriate the biological or genetic heritage of less developed countries,” according to the term “biopiracy.” Corporations may become aware of these applications and want to patent and market them for their own benefit.

Invention 81

Invention Inventor Patent Business 81

The IP Law Blog

NOVEMBER 3, 2022

Moderna was founded in 2010 for the sole purpose of developing mRNA medicines. and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. Apparently, Pfizer and BioNTech did not ask.

IP 52

IP Intellectual Property Technology Publishing 52

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. Economic viability is not a metric for copyrightability, and a limited metric for patentability. It is not clear what this refers to though.

IP 93

IP Intellectual Property Reporting Government 93

The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. The global litigation Both parties have a number of patents covering the CGM devices. Mr Justice Mellor dismissed the application " with some regret ".

Litigation 98

Litigation Patent Marketing Marketing 98

IP and Legal Filings

APRIL 5, 2022

Bio Piracy Of Pharmaceutical Industry In India”Developed countries exploit biotechnology patents to expropriate the biological or genetic heritage of less developed countries,” according to the term “biopiracy.” Publications describing this approach, however, were not considered prior art for the US patent.

Invention 52

Invention Inventor Patent Business 52

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. Secondly, the Interim Guidance warns Examiners to: … avoid focusing on issues of patent eligibility under Sec. © 2010, Michael E.

Blogging 40

Blogging Patent Law Law Patent 40

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

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

Patentably Defined

JULY 9, 2010

Sometimes, one just has to wait for inspiration to write about prosecuting patents. 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.

Blogging 40

Blogging Patent Law Law Technology 40

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

JANUARY 27, 2024

We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc. Did you miss anything? Don’t worry.

IP 64

IP Licensing Copyright Blogging 64