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

SpicyIP

DECEMBER 6, 2024

In Signal Pharmaceuticals vs Deputy Controller of Patents , the Madras High Court set aside the impugned order by the Indian Patent Office for being a non-speaking one. Consequently, the Court referred the matter back to the Indian Patent Office for fresh consideration. His previous posts can be accessed here.

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Patent Invention Blogging Reporting 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.

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Patent Application Patent Trademark Patent Prosecution 111

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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Patent Application Patent Invention Inventor 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.

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Invention Patent Art Patent Application 119

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 126

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 114

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. Okay, so Isnt Saving Time Good?

Invention 52

Invention Patent Application Patent Intellectual Property 52

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

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 123

Intepat

APRIL 5, 2022

An application for a patent is said to have been abandoned if it is no longer pending, which means that the application has hit a point where it can no longer be matured into a successfully registered patent. If the applicant fails to file a reply to the objections, the application is deemed to be abandoned.

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Patent Application Patent Intellectual Property Registration 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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Journalism Art Patent Law Invention 105

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 111

IPilogue

JANUARY 10, 2022

Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area.

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Invention Patent Intellectual Property IP 104

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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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

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 Application Patent Inventor Intellectual Property 52

Patent Trademark Blog

AUGUST 7, 2024

Is it possible to increase your utility patent chances of success? It is common knowledge that obtaining a US utility patent is a years-long process that can cost tens of thousands. I have discussed ways to speed up the patent process. Need to get a utility patent granted? Statistics can be tricky.

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Patent Application Patent Art Design Patent 52

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.

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IP Law Patent Patent Application 59

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. . Many of the AIA reforms strengthened our patent system. with the rest of the world.

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Invention Intellectual Property Inventor Intellectual Property Law 131

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 110

Patently-O

FEBRUARY 26, 2024

In a cross-appeal, Amazon argues that the district court should have found the patent unenforceable due to inequitable conduct. The parent patent application (APN 11/301,291) received an office action back in 2011 and the case went abandoned six months later. .” Throughout this time, the same patent attorney (Mr.

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Patent Patent Application Patent Prosecution Blogging 59

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

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.

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Patent Infringement Litigation Patent Patent Application 52

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 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Sanho Corp. 2023-1336 (Fed. July 31, 2024).

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Invention Inventor Art Public Use 111

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.).

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Patent Patent Application Technology Publishing 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

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].

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Patent Law Law Inventor Patent 96

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.

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The IPKat

SEPTEMBER 23, 2021

The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. Amphastar (Fed. Beckton , Fed.

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Patent Prosecution Patent Patent Application Art 58

Garrigues Blog

APRIL 19, 2021

How can you use patents to protect the innovation that lies behind plant materials and at the same time secure a competitive edge in the market? When products such as these have undergone huge research, it can be advisable to protect them or the procedure used to obtain/produce the product, or both, through a patent.

IP 52

IP Patent Patent Application Invention 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

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

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.

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Patent Patent Application Law Technology 63