Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § Background In 2011, Congress passed the AIA, which transformed the U.S.

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Invention Patent Application Inventor Government 162

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.

Patent Application 52

Patent Application Patent Inventor Intellectual Property 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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Inventor Patent Application Patent Technology 52

The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). 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. 102(b)(1)(A) ). 102(b)(1)(A) ).

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Patent Inventor Patent Application Art 130

LexBlog IP

APRIL 20, 2023

The report, which represents the most exhaustive and global up-to-date investigation of hydrogen-relating patenting so far, analyzed global patent data and covered a broad range of technologies from supply chain to end-use applications.

Patent 52

Patent Patent Application Technology Reporting 52

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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Patent Application Publishing Invention Patent 112

Indiana Intellectual Property Law

MARCH 21, 2023

(DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. 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.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. The first decision concerns application no. a tobacco company.

Invention 114

Invention Patent Art Patent Application 114

IPilogue

SEPTEMBER 6, 2022

The IP principle that abstract ideas cannot be patented has often been misapplied to the development of software, often boiling down to concluding software to be unpatentable. However, which parts of software are patentable, and which parts are not? Applicants must meet certain requirements for a software patent to be issued.

IP 59

IP Law Patent Patent Application 59

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

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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Art Journalism Patent Law Invention 125

LexBlog IP

JANUARY 29, 2022

Each January, there is great interest in the leading recipients of US patents issued during the previous year and, in particular, whether IBM will once again retain the leading position it has held for over two decades. Harrity has Canon in fourth, with 3,400 US patents issued in 2021, while IFI CLAIMS has LG at eighth, on 2,487 US patents.).

Patent 52

Patent Patent Application Technology Publishing 52

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

Journalism 104

Journalism Art Patent Law Invention 104

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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Patent Troll Patent Litigation Inventor 119

SpicyIP

JANUARY 10, 2023

Of late we have witnessed multiple orders (see here , here and here ) from different High Courts wherein the courts, without touching on the merits of the case, have clarified the expectations from the orders of the Indian Patent Office (IPO). Similarly, the Controller may also over-rule any objection raised by the Examiner.

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Patent Application Reporting Patent Art 99

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. (iii) from the news media, 31 U.S.C. An ex parte patent prosecution is clearly “Federal”: the PTO is an agency of the U.S.

Patent Law 60

Patent Law Law Patent Prosecution Patent 60

Selvam & Selvam Blog

AUGUST 28, 2023

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. Background: Syngenta Limited filed an original patent application in 2005, detailing an invention concerning agrochemical concentrates.

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Designs Design Patent Invention 40

SpicyIP

AUGUST 13, 2024

In this post, apart from discussing the background and arguments raised in the case, I will discuss how the court, relying upon the now scrapped draft 2013 guidelines , applied the technical effect test to decide the patentability of the invention. 3(k) of the Patent Act. The Patent Office rejected the patent application u/s.

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Invention Patent Public Domain Technology 80

LexBlog IP

AUGUST 26, 2021

patent must be valid and enforceable or any potential reward for the Patent Owner will be moot. 2011) ( en banc ) (“This court now tightens the standards for finding both intent and materiality in order to redirect a doctrine that has been overused to the detriment of the public.”). Becton, Dickinson & Co. ,

Patent Application 52

Patent Application Litigation Patent Intellectual Property 52

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Ridge ‘808 patent was invalid as anticipated.

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Art Branding Brands Branding 123

LexBlog IP

MARCH 23, 2022

Micro Entity Status: Qualifying to Reduce Patent Fees. Are you a small business or an individual inventor filing for a patent in the U.S.? If so, keep reading to learn about how you can reduce your patent fees through micro entity status. How to reduce your patent fees. Free patent consultations. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623b791352da51164{flex-wrap:

Higher Education 52

Higher Education Patent Inventor Patent Application 52

LexBlog IP

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § Background In 2011, Congress passed the AIA, which transformed the U.S.

Invention 52

Invention Patent Application Inventor Government 52

Patently-O

SEPTEMBER 16, 2022

This is a Patent Term Adjustment (PTA) case. Back before 1995, patents were awarded a term of 17-years following issuance. As part of an international negotiation and with some anti-submarine policy justifications, the US switched over to a 20-year term that starts counting days as of the application’s filing date.

Patent 61

Patent Patent Application Law Technology 61

The IP Law Blog

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

Inventor 110

Inventor Invention Art Patent 110

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. Minerva Surgical, Inc.

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Public Use Invention Patent Business 67

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

LexBlog IP

SEPTEMBER 15, 2022

The USPTO has had an accelerated examination program known as “Track-1” since 2011. The program allows patent applicants to advance a patent application out-of-turn such that a determination can be made within 12 moths of filing. ” In theory, it is a great idea.

Litigation 52

Litigation Patent Application Designs Design 52

Larson & Larson

FEBRUARY 23, 2023

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”). Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance. Effective September 16, 2012, a third-party may submit prior art to the Patent Office.

Art 40

Art Confidentiality Patent Application Patent 40

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. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. 103 and patent eligibility under 35 U.S.C. §

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Invention Art Patent Television 62

Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc. RapidPulse, Inc.

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Art Inventor Publishing Invention 48

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S. 101 and 35 U.S.C.

Invention 52

Invention Inventor Patent Application Designs 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

The Fellows program launched in 2011 and was designed for lawyers with eight to 15 years of experience. Her practice focuses primarily on patent litigation, and she has experience litigating patents in the fields of biotechnology, medical devices, financial services, and computer software. and international patent prosecution.

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Patent Prosecution Litigation Designs Design 52

LexBlog IP

FEBRUARY 7, 2022

24, 2021), the Federal Circuit affirmed a Patent Trial and Appeal Board’s final decision canceling claims in Indivior’s patent claiming a polymer matrix-containing film. Here the prior art was none other than the Patent Office’s publication of one of the claimed priority applications. wt % to about 58.6

Invention 52

Invention Art Inventor Publishing 52

Patently-O

JULY 2, 2024

by Dennis Crouch This is just a first look at how overturning Chevron may impact patent practice. 261 (2016) provided the patent office with Chevron deference for its determinations regarding AIA trials, including issues such as its approach to claim construction. Importantly, the Supreme Court in Cuozzo Speed Techs. for Intell.

Law 48

Law Patent Patent Law Patent Application 48

LexBlog IP

OCTOBER 20, 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

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Designs Design Design Patent Intellectual Property 52