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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Design Patent Designs Design Patent 134

Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

Art 124

Art Branding Branding Brands 124

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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Patent Inventor Patent Application Art 130

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.

Inventor 110

Inventor Invention Art Patent 110

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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Invention Patent Public Domain Technology 92

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

Patent Prosecution 56

Patent Prosecution Patent Patent Application Art 56

LexBlog IP

MARCH 23, 2022

Patent applicants fall under a variety of statuses that are determined by their relationship to other entities, the number of patents they own, and the type of patents they own. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application.

Higher Education 52

Higher Education Patent Inventor Patent Application 52

More Than Your Mark

MARCH 4, 2019

That said, the Patent Office has historically reduced any such adjustment if the patent applicant was the cause of the delay. But when is delay attributable to the applicant? Because the case turned on dates, a timeline follows: February 22, 2011: Supernus submits a Request for Continued Examination (RCE).

Patent Law 40

Patent Law Patent Application Patent Blogging 40

Patently-O

APRIL 8, 2024

The decision also provides an interesting case study in the way that the court seems to blend considerations of obviousness and patent eligibility under the umbrella of the “invention” requirement, in a way that may seem foreign to contemporary patent law. Background The patent at issue, U.S. 57, 111 (2011).

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Invention Art Patent Television 64

Patently-O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. ”

Law 49

Law Patent Patent Law Patent Application 49

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 ” In re Wertheim , 541 F.2d

Invention 52

Invention Art Inventor Publishing 52

LexBlog IP

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. ” On November 6, 2023, the U.S.

Inventor 52

Inventor Invention Art Patent 52

The IPKat

AUGUST 24, 2023

At that time, the Opposition Division (OD) of the EPO, as well as the UK and Dutch Courts had already revoked the patent. Novartis kept Mylan out of the Belgian market for a year before the Technical Board of Appeal (TBA) definitively revoked its patent in September 2011.

Litigation 52

Litigation Law Patent Invention 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. Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country.

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IP Intellectual Property Reporting Government 92

IPilogue

JANUARY 10, 2022

CII, such as algorithms, are frequently deemed an abstract idea, and thus not suitable for patent protection. In order to overcome this obstacle the patent application must explain how the algorithm and the computer are interconnected such that together they form a single invention.

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Invention Patent Intellectual Property IP 104

SpicyIP

JANUARY 27, 2024

Check Sadhvi Sood’s post discussing Nestle’s patent application for Fennel Flower (Kala Jeera) vis-a-vis TK. National Pharmaceutical Policy(ies) and Pricing of Drugs – In 2011, this month, Shan Kohli discussed the Draft National Pharmaceuticals Policy which sought to establish a regulatory framework for drug pricing.

IP 64

IP Licensing Copyright Blogging 64