Intellectual Property Law Blog

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). Background In 2011, Congress passed the AIA, which transformed the U.S.

Invention 162

Invention Patent Application Inventor Government 162

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf

Art 126

Art Journalism Patent Law Invention 126

IP Watchdog

APRIL 5, 2022

The ruling is the latest chapter in a series of challenges to VLSI’s patent claims, which has forced VLSI to run a gauntlet arguably demonstrating that the PTAB fails to function as the alternative forum for speedy validity resolutions originally envisioned by Congress when it passed the America Invents Act (AIA) into law back in 2011.

Invention 116

Invention Patent Trademark Law 116

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In Axonics, the court ruled that the obviousness analysis must focus on the motivation to combine references to reach the claimed invention, not motivation to combine for some other purpose described in the prior art.

Invention 75

Invention Art Patent Patent Law 75

SpicyIP

AUGUST 13, 2024

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. Facts & Arguments The appeal was against the rejection of divisional applications 6500/DELNP/2011 and 6501/DELNP/2011, which were titled “ A method for processing data and system thereof.”

Invention 110

Invention Patent Public Domain Technology 110

JD Supra Law

SEPTEMBER 13, 2021

The Leahy-Smith “America Invents Act” (hereinafter, “AIA”) was signed into law ten years ago, on September 16, 2011. We have learned extensively from the enactment and this article is part of a series of lessons learned. By: Nexsen Pruet, PLLC

Invention 52

Invention Law 52

SpicyIP

DECEMBER 6, 2024

Summary of the Judgement: The suit Patent in question was titled mTOR kinase inhibitors for oncology indications and disease associated with the mTOR/P13K/AKT Pathway ( 3500/CHENP/2011). The applicant premised his arguments against the Order on three specific points.

Patent 59

Patent Invention Blogging Reporting 59

SpicyIP

MARCH 4, 2025

Ultimately, the Controller rejected the patent application on two main grounds: that it was not an invention under Section 3(k) and that it lacked an inventive step under Section 2(1)(ja). But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting.

Invention 52

Invention Patent Application Patent Intellectual Property 52

SpicyIP

JANUARY 11, 2022

Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” will not be considered an invention for the purposes of the Patents Act.

Invention 119

Invention Patent Art Patent Application 119

The IPKat

FEBRUARY 22, 2025

Inventive step of manufacturing The main issue on appeal was whether the use of SPy intermediate was obvious. The closest prior art identified for inventive step by the Board of Appeal was the composition of matter (CoM) case for AMG 416 ( WO 2011/014707 ). However, there may be other methods for improving yield.

IP 63

IP Invention Art Design 63

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” 101, all under the general rubric of the “invention” requirement.

Invention 64

Invention Art Patent Television 64

Patently-O

MARCH 21, 2023

We are are now at a point where it is easy to see an AI tool creating inventive output. And, even if recognition of the invention is fundamental to the inventing process, the AI tools certainly provide sufficient contribution to be considered for joint inventorship. who invented or discovered the subject matter of the invention.”

Inventor 122

Inventor Invention Patent Art 122

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf

Journalism 105

Journalism Art Patent Law Invention 105

Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. Thaler created an AI system that he calls DABUS.

Inventor 127

Inventor Patent Law Law Patent 127

Patently-O

APRIL 28, 2022

In particular, the original specification must show ‘possession’ of the newly claimed invention. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). 282 (as amended by AIA 2011). During prosecution, this is also captured under 35 U.S.C.

Inventor 105

Inventor Invention Art Litigation 105

Patently-O

DECEMBER 12, 2022

The America Invents Act became law in September 2011, but the first-to-invent provisions only took effect for patent applications filed after March 16, 2013. by Dennis Crouch.

Patent Application 114

Patent Application Publishing Invention Patent 114

LexBlog IP

FEBRUARY 7, 2022

Indivior’s patent issued in 2017 from the fifth continuation in a series of applications (including four abandoned applications) dating back to a first continuation filed in 2013, and to an earlier application filed in 2009, which published in 2011. wt % to about 58.6 wt %” of the matrix (dependent claim 8). ” Id.

Invention 52

Invention Art Inventor Publishing 52

Patently-O

MAY 19, 2022

a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b) b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or.

Invention 56

Invention Inventor Art Patent 56

Patently-O

JUNE 28, 2022

When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790. 881 (2011).

Patent Law 103

Patent Law Law Inventor Patent 103

IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S. There were two revolutionary amendments to U.S.

Invention 72

Invention Patent Art Patent Law 72

Patently-O

SEPTEMBER 20, 2022

Vidal offers potential for future development on the law of invention and inventorship. . In my view, it is unquestionable that AI regularly contribute to inventive concepts so substantially as to be named joint-inventors alongside their human counterparts, if it were permitted. 100(f)/(g) (2011). by Dennis Crouch. 35 U.S.C. §

Inventor 81

Inventor Invention Patent Law Patent 81

SpicyIP

JULY 22, 2024

The rejection had been based on the invention being “contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” under Section 3(b) of the Indian Patent Act, 1970. Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

Invention 110

Invention Patent Patent Application Government 110

Patently-O

OCTOBER 6, 2021

2011 priority filing date). The court noted the difficulty with this case — the purpose of the invention was to “reduce significantly” “the complexity of the authentication function.” CosmoKey’s U.S. 9,246,903 is directed a low-complexity, high-security method of authenticating a user transaction.

Patent 122

Patent Invention Art Inventor 122

Patently-O

SEPTEMBER 9, 2022

The invention is a software method that allows customers to purchase assets from multiple vendors. In his 2011 post-Bilski article, Prof Risch wrote some about the overlap between utility and eligiblity and suggested merger of the two doctrines. In re Smith , 22-1301 (Fed. Sept 9, 2022) (nonprecedential). . Risch’s suggestions.

Invention 80

Invention Patent IP Law 80

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. To be a joint inventor, “a person must make a significant contribution to the invention as claimed. The court in Pannu v.

Inventor 110

Inventor Invention Art Patent 110

Patently-O

SEPTEMBER 16, 2021

A large part of the transformation stemmed from the Leahy-Smith America Invents Act of 2011 that was enacted ten years ago in September 2011. This included eliminating the date of invention as relevant to patentability and narrowing the pre-filing grace period. by Dennis Crouch.

Invention 81

Invention Reporting Patent Art 81

JD Supra Law

SEPTEMBER 11, 2023

Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.

Invention 68

Invention Law Patent 68

JD Supra Law

DECEMBER 17, 2024

The USPTO, while exercising their fee-setting authority under the America Invents Act of 2011 (AIA), stated these fee adjustments are. These fee changes include an average increase of 7.5 By: Wilson Sonsini Goodrich & Rosati

Patent 62

Patent Invention Trademark 62

JD Supra Law

DECEMBER 11, 2023

Congress introduced post grant review (“PGR”) and inter partes review (“IPR”) in 2011 as part of the America Invents Act (AIA). Collegium Pharmaceutical, Inc., By: Proskauer - Minding Your Business

Invention 65

Invention Business Patent 65

The IPKat

DECEMBER 31, 2021

The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. If the inventor has disclosed their invention during the grace period, then further disclosures by third parties also don't constitute prior art ( AIA 35 U.S.C. 102(b)(1)(A) ).

Patent 132

Patent Inventor Patent Application Art 132

Larson & Larson

NOVEMBER 12, 2024

Introduced in 2011 as part of the America Invents Act, it’s become an essential tool for companies needing rapid patent protection. What is Track One? Track One is the USPTO’s fast-track program that promises final disposition – allowance or abandonment – within 12 months.

Patent Application 40

Patent Application Patent Marketing Marketing 40

Patently-O

SEPTEMBER 15, 2021

Sept 16, 2021 is the 10 year anniversary of enactment of the Leahy-Smith America Invents Act of 2011. I’ve got a quick anonymous survey below (5 minutes) on the impact. Link to Survey : [link]. Or complete the survey below:

Invention 56

Invention Patent 56

LexBlog IP

AUGUST 2, 2022

Following a peak in 2015, inter partes decisions have been falling, while ex parte decisions have been generally on the rise since 2011. Almost all of these have related to computer-implemented inventions. Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions.

Invention 52

Invention Patent Publishing Law 52

SpicyIP

JANUARY 28, 2025

Post-retirement, she was appointed as the Chairperson of the Intellectual Property Appellate Tribunal (IPAB) from 2011 to 2013. Sridevan : Expert evidence is particularly important in cases involving patents, as the issues often revolve around the inventive step rather than novelty.

Litigation 59

Litigation IP Invention Patent 59

TorrentFreak

JUNE 27, 2023

It defrauds musicians and other creators of their wages, and it destroys UK jobs,” Taylor said in 2011 , urging UK Internet providers to block the site voluntarily. This includes website blocking, where The Pirate Bay was one of the early targets. The Pirate Bay is no more than a huge scam on the global creative sector.

Music 131

Music Technology Business Invention 131

Patently-O

SEPTEMBER 9, 2021

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. ” Here, the district court found substantive, germane differences.

Invention 78

Invention Art Litigation Public Use 78

SpicyIP

JUNE 3, 2024

This scenario aligns with India’s 2030 mission to become an innovative country, benefiting from the treaty’s focus on patents (Dutfield, 2011). Developing countries may end up granting patents for inventions derived from their GR/TK, but without fair compensation for the original resources or knowledge.

Intellectual Property 119

Intellectual Property Due Diligence Intellectual Property Law Technology 119