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Ulm University v. Asst. Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office

SpicyIP

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

Designs 59
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Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

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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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

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. 2021 Patently-O Patent Law Journal 34.

Art 125
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Patent Law and the False Claims Act.

Patently-O

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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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

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. 2021 Patently-O Patent Law Journal 34.

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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Defending Design Patents

Patently-O

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.