Patently-O

JULY 18, 2024

10,043,188 (‘188 patent) are ineligible for patent protection under 35 U.S.C. § The ‘188 patent is directed to “a web based software system for managing the process of performing pre-employment background investigations.” Regarding patent eligibility, the court applied the two-step Alice / Mayo framework.

Patent 62

Patent Invention Technology Inventor 62

JD Supra Law

JANUARY 11, 2023

As the dodo of patent practice, the number of interferences has been steadily dwindling since enactment of the Leahy-Smith America Invents Act in 2012 abolished the practice in favor of a "first inventor to file" regime and a derivation proceeding for instances where a patentee is found to have taken the invention from the true inventor (35 U.S.C. (..)

Technology 52

Technology Inventor Invention Patent 52

SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step.

Invention 96

Invention Art Designs Design 96

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

Patent 52

Patent Invention Inventor Technology 52

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. One pertains to granting exclusive rights to “authors and inventors” to encourage creativity.

Law 52

Law Patent Settlement Inventor 52

Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed. Compare D.L.

Patent 40

Patent Invention Inventor Patent Application 40

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

Patent 78

Patent Invention Litigation Law 78

Patently-O

AUGUST 2, 2021

Back in 2012 though he took an unpaid leave-of-absence to start a LASER company. During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. Omni later sued Apple for infringement, but the iPhone giant argued that Omni lacked standing since UM was the real patent owner.

Patent 99

Patent Contracts Inventor Ownership 99

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

Art 109

Art Invention Patent Application Publishing 109

IPilogue

OCTOBER 18, 2021

The US National Inventors Hall of Fame (“NIHF”) has released its list of 2022 inductees, which notably includes two Black Female inventors for the first time in this organization’s 48-year history. Her invention, laserphaco , a minimally invasive, low-risk cataract removal procedure, is still used today.

Inventor 106

Inventor IP Invention Intellectual Property 106

IPilogue

APRIL 25, 2022

After a decade-long dispute, the United States Patent Trial and Appeal Board (“PTAB”) decided that Drs. Charpentier and Doudna were not the rightful owners of the CRISPR-Cas9 patent, concluding that the gene editing technology belonged to Dr. Feng Zheng and her team of scientists at the Broad Institute of MIT and Harvard.

Editing 65

Editing Patent Invention Inventor 65

Patently-O

MAY 24, 2022

The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a driveshaft is patent eligible. 208 (2014), extending Mayo ‘s holdings to abstract ideas and computer implemented inventions. USDOJ Brief ].

Invention 130

Invention Inventor Art Patent 130

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

LexBlog IP

OCTOBER 4, 2023

Leveraging Written Description Vulnerabilities in IPR Bio/pharma patents are rarely targeted in IPR proceedings because their technical vulnerabilities often relate to written description and/or enablement. IPR, of course, is restricted in scope to only grounds of unpatentability that are based on patents and printed publications.

Art 52

Art Inventor Litigation Invention 52

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

Litigation 81

Litigation Law Patent Invention 81

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. Again in the case of Mosanto holding Pvt.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

LexBlog IP

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S.

Invention 52

Invention Art Patent Technology 52

LexBlog IP

MARCH 18, 2022

On February 28, 2022, the Patent Trial and Appeal Board (“ PTAB ”) issued a decision on priority in an interference proceeding between the Broad Institute, Inc. Patent Application No. The inventors listed on Broad’s patent are Feng Zhang, Ph.D., The Regents of the University of California v. 15/981,807.

Inventor 52

Inventor Invention Editing Patent 52

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed. to correct inventorship rights under 35 U.S.C. § Iolab Corp. ,

Patent 57

Patent Inventor Patent Infringement Designs 57

LexBlog IP

OCTOBER 6, 2022

Tillis introduced the Patent Eligibility Restoration Act (S.4734) 4734) in an effort to clarify which inventions are actually patentable and to codify those that are not. 66, (2012) and Alice v. On August 2, 2022, Sen. Since the Supreme Court handed down its decisions in Mayo Collaborative Services v. CLS Bank , 573 U.S.

Invention 52

Invention Inventor Patent Technology 52

Patently-O

AUGUST 23, 2023

Patent Nos. Steuben sued Shibuya on three patents and initially won with a jury awarding $38 million in infringement damages. The doctrine is justified on the basis that language has inherent limitations in capturing the true scope of an invention, so equivalents help protect the inventor and promote innovation.

Patent Law 52

Patent Law Law Patent Invention 52

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. The number of patent submissions from India has witnessed substantial growth, more than doubling between 2011 and 2021.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

LexBlog IP

DECEMBER 30, 2022

Supreme Court have eroded the protection previously afforded by patents, particularly in the software industry. The Alice decision’s impact on patent protection for software patents has been singled out in particular as a reason for potentially relying on trade secret rather than patent protection. See Alice Corp.

Litigation 52

Litigation Technology Invention Inventor 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Both suits were filed before the 2012 amendment to the Copyright Act. This patent protection was challenged by La Renon before the IPAB under section 64.

IP 136

IP Intellectual Property Copyright Trademark 136

Patentably Defined

JUNE 7, 2012

103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. The rationale behind this rule is a simple one – no inventor could possibly be aware of every teaching in every art. INTRODUCTION. The provisions of 35 U.S.C. §

Art 40

Art Inventor Invention Patent 40

SpicyIP

JANUARY 5, 2024

It seems that the domestic pressure resulting from their ever-increasing healthcare costs has reached a point where there is finally some re-examination of how their patent system is affecting costs. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.

Invention 69

Invention Government Intellectual Property IP 69

LexBlog IP

APRIL 3, 2023

This decision indicates that an SEP owner sometimes might need to provide information to a prospective licensee (under a confidentiality agreement), although that may not be necessary for an experienced licensee who can consult existing patent licenses they have entered with others. This decision indicates they should.

Licensing 52

Licensing Technology Intellectual Property Patent 52

Patently-O

JUNE 17, 2024

There are two ways that the Federal Circuit potentially erred: The TM applicant home-address requirement being challenged here is not the type of procedural rule exempted under the APA; and Even if it is procedural, the particular requirements of the Patent Act’s section 2(b)(2) requires following the notice and comment requirements.

Privacy 44

Privacy Intellectual Property Law Inventor 44

IPilogue

DECEMBER 14, 2022

Controversy and uncertainty in the field of patent eligibility have resulted in decade-long fights over what can be patented and what cannot be, especially regarding diagnostic tests. There is currently a congressional push to let drug companies patent diagnostic tests in the United States. In response, Bill S.4734

Patent 105

Patent Invention Inventor Patent Law 105