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. We apply pre-AIA status so long as every claim within the chain-of-priority has an effective filing date prior to the March 2013 date. AIA § 3(n).

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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.

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Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? AIAAmbiguities ). derivation.pdf ).

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Intepat

APRIL 5, 2022

Upon notification, the applicant is expected to reply to the objections within six months, or the applicant can take an extension of another 3 months for filing of the reply. If the applicant fails to file a reply to the objections, the application is deemed to be abandoned. Author: Mansi Tiwari, Interns @IntepatIP.

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SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed Patent Application No. But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting.

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Invention Patent Application Patent Intellectual Property 52

The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

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Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? AIAAmbiguities ). derivation.pdf ).

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SpicyIP

JANUARY 10, 2023

Usually, these orders concerned the lack of appropriate reasons and justifications in part of the IPO, while rejecting a patent application.

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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. a tobacco company.

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SpicyIP

SEPTEMBER 27, 2024

Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related to methods for producing crystal forms. Nippon Shinyaku Co.

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Patent Application Patent 105

Patently-O

DECEMBER 20, 2022

Mosaic presented testimony of its founder (Kaminski) that the SMCII product was on-sale more than 1-year before Ridge’s application filing date. Mosaic also corroborated that testimony with invoices showing the SMCII was sold at a trade show in 2011.

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SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no.

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Invention Patent Patent Application Government 110

Selvam & Selvam Blog

NOVEMBER 5, 2022

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

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Patent Trademark Blog

AUGUST 7, 2024

According to USPTO patent data , the chance of obtaining an allowance within 12 months for a Track One utility patent application is over 62%. Keep in mind that the total allowance rate would be higher since this data does not include applications allowed after 12 months. Want a successful US patent?

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Patent Application Patent Art Design Patent 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

LexBlog IP

AUGUST 26, 2021

Defendants may argue that a patent is unenforceable in light of inequitable conduct committed during prosecution of the underlying patent application, but the standard to meet the requisite inequitable conduct to warrant unenforceability is supposedly higher after Therasense, Inc. Becton, Dickinson & Co. , ”).

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LexBlog IP

APRIL 20, 2023

Other countries generating significant volume of hydrogen patents include United Kingdom, Switzerland and Canada. In terms of industries that file most hydrogen patent application, the automotive and the chemical industries have gained the strongest momentum regarding innovation and patenting.

Patent 52

Patent Patent Application Technology Reporting 52

IPilogue

SEPTEMBER 6, 2022

The short answer is that while lines of code are not patentable, software can be patentable if it is useful and can be susceptible to commercialization. Canada’s Patents Act and the Manual of Patent Office Practice (“MOPOP”) both guide the Canadian Intellectual Property Office (“CIPO”) in issuing patents.

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IP Law Patent Patent Application 59

Patently-O

AUGUST 5, 2024

Liao had evidence of prior conception and reduction to practice — having delayed about 5 months from RTP to file the patent application in his home country of Taiwan. This contrasts with the current law amended by the American Invents Act of 2011 which substantially narrowed the safe harbor exceptions.

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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).

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Patent Invention Blogging Reporting 59

SpicyIP

AUGUST 13, 2024

Lastly, I contrast the outcome of the judgement with MHC’s decision in Microsoft Technology Licensing, LLC , wherein the Court had granted the patent without looking into the question of enablement, independent of the 3(k) inquiry. The Patent Office, among other grounds, rejected the applications on the grounds of unpatentability u/s.

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The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. The root source of this situation, according to Lederer, is the patent prosecution process. Start with the sheer volume of patent applications. Focusing on the U.S.,

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LexBlog IP

JANUARY 29, 2022

The leading Australian resident patent recipients were the Commonwealth Scientific and Industrial Research Organisation (CSIRO), with 48 patents (coincidentally, the same as the number of new standard patent applications it filed in 2021 ) and Aristocrat Technologies, with 47 patents, placing them 23 rd and 24 th respectively.

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Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . The transition to a first inventor to file system was needed to harmonize the U.S. with the rest of the world.

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Indiana Intellectual Property Law

MARCH 21, 2023

Since launching their website in 2011, Disintermediation has handled over one million chat messages. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

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Patent Infringement Litigation Patent Patent Application 52

IP.com

JANUARY 29, 2024

Over the last decade, the total annual patent applications submitted to the United States Patent and Trademark Office (USPTO) each year is over 600,000 applications. The fastest patent review process time is 6-12 months if fast-tracked via Track One , with the average taking up to 22 months.

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The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor.

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Patently-O

SEPTEMBER 6, 2022

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.” 3730(e)(4)(A) (2010).

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Patent Law Law Patent Prosecution Patent 61

IPilogue

JANUARY 10, 2022

The difficulty lies in overcoming Patent Office objections related to subject matter eligibility, which prohibits the patenting of abstract concepts and mathematical formulae (for more on this, see The Four Pillars of Patentability ). . In 2011, Amazon was successful in obtaining a patent on their ‘one-click’ method.

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Patently-O

FEBRUARY 16, 2023

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. Still, the whole head needs to be collapsible as well.

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Public Use Invention Patent Business 69

Patently-O

MAY 3, 2023

hold[s] that the pleader ‘need only allege facts from which the Court could reasonably infer that the patent applicant made a deliberate decision to deceive the [US]PTO.’. 2011 WL 7461786, at *3 (“Delano Farms, a post-Therasense case. 2:09-cv-257, 2011 WL 13134426, at *3 (E.D. 7, 2011); Graphic Packaging Int’l, Inc.

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Patent Application Law Patent 45

Garrigues Blog

APRIL 19, 2021

For an invention to be protected as a patent, three requirements must be met, the so-called “patentability requirements”, which are examined by the different national authorities where protection is sought: Novelty: The invention cannot have been disclosed anywhere in the world before the filing date of the patent application.

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The IPKat

SEPTEMBER 23, 2021

Legal Background: Duty of disclosure and inequitable conduct Patent applicants and attorneys prosecuting patent applications at the USPTO have a duty to disclose information that is material to the patentability of the intention ( 37 C.F.R. As such, the patent application indicated, a formulation of pH of 2.8-3.3

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Patently-O

FEBRUARY 26, 2024

The parent patent application (APN 11/301,291) received an office action back in 2011 and the case went abandoned six months later. 2011) (en banc), the Federal Circuit created a two step test that makes it quite difficult to find the claims unenforceable. was unintentional.” Under Therasense, Inc. 3d 1276 (Fed.

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