SpicyIP

DECEMBER 26, 2022

In March 2023, the Delhi High Court will consider two significant rejections by the Patent Office (PTO) that will determine the fate of diagnostic method patents in India. This provision excludes diagnostic processes from patent protection. in a biological sample such as blood, plasma serum and urine.

Patent 79

Patent Invention Patent Application Intellectual Property 79

Patently-O

OCTOBER 4, 2021

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? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Art Journalism Patent Law Invention 126

Intellectual Property Law Blog

AUGUST 1, 2023

Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. to note that “[a]rguments raised only in footnotes [] are waived.” Otsuka Pharm.

Art 130

Art Invention Patent Patent Application 130

SpicyIP

MAY 17, 2023

Article 27 of the TRIPS prescribes non-exclusive patent-exclusionary subject matters, providing policy space for member countries to incorporate more subjects as non-patentable inventions in their domestic patent legislation. The revised Form 27 runs counter to the principles envisaged in the Patents Act, 1970.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

Intellectual Property Law Blog

JULY 31, 2023

In 2014, UCB sued Actavis for infringement of the Muller patents. UCB prevailed in the lawsuit, and was awarded an injunction against Actavis until March 2021, when one of the Muller patents expires. In 2018, UCB filed a new patent application (the “’589 patent”, priority date 2009) covering a reformulation of Neupro.

Art 130

Art Invention Patent Patent Application 130

Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. That claim requires too much follow-on research work and so does not sufficiently disclose the invention. See my 2014 post. 102, and are presumed to be enabling.

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Art Invention Patent Application Publishing 111

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 Broad Institute, Inc. Interference No. 15/981,807.

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Inventor Invention Editing Patent 52

SpicyIP

MARCH 9, 2025

Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patent application but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.

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Trademark Patent Copyright Patent Application 59

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. Alice Corp. CLS Bank International , 573 U.S. 208, 216, 219 (2014).

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Invention Patent Patent Law Patent Infringement 98

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

Invention 52

Invention Intellectual Property Patent Copyright 52

Patently-O

OCTOBER 4, 2021

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? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Journalism Art Patent Law Invention 105

SpicyIP

MARCH 2, 2025

Highlights of the Week Delhi High Court Stirs the Pot for Biotech Patent Applicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.

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Trademark Brands Branding Branding 59

SpicyIP

JANUARY 18, 2023

The monograph does not cite a single document or study that shows that pre-grant oppositions have benefits or the actual benefits that Indians have had because of timely filing of oppositions against ‘evergreening type’ pharmaceutical patent applications. of the total published applications. ’. of patent applications)?

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Patent Application Reporting Public Domain Patent 141

SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

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Confidentiality Trademark Copyright Infringement Music 59

IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. It is safeguarded under the Patent Act, of 1970.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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. Both the district court and appellate court agreed that the agreement was not a present assignment of future inventions.

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Patent Contracts Inventor Ownership 100

SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

Confidentiality 52

Confidentiality Trademark Copyright Infringement Music 52

JD Supra Law

MARCH 31, 2022

One of the casualties of the Leahy-Smith America Invents Act in 2012 was 35 U.S.C. § patent applicants disgruntled with a determination of unpatentability before the U.S. Patent and Trademark Office, but was abrogated by the AIA. 145, which had provided recourse to U.S. District Courts for U.S.

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Patent Application Invention Trademark Patent 52

Patently-O

SEPTEMBER 1, 2021

but the patentee successfully argued that its narrower range was a critical element of the invention and necessary to prevent racemization of the l-epinephrine. Patent applicants and their attorneys are bound by a duty of candor and good faith in dealing with the USPTO. 2012) (citing Therasense ). Aventis Pharma S.A.

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Patent Application Art Patent Invention 68

The IPKat

SEPTEMBER 23, 2022

MYLAN BV and SANDOZ BV One of the first patent cases decided in 2021 was an SPC case between MSD and Apotex, where the Brussels Enterprise Court had to decide whether an SPC could be granted for the combination of ezetimibe and simvastatin, even if a previous SPC had already been granted for ezetimibe alone based on the same patent.

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Litigation Law Patent Invention 82

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. This comes in the backdrop of Section 83 of the Patents Act, 1970 which provides the general principles applicable to the working of patented inventions.

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Patent Licensing Invention Government 126

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? In our new paper, The Patent Law Origins of Science Fiction , available at [link] , we show that science fiction as a literary form was originally premised on the idea that works of science fiction are like patents. University of Minnesota Press 2016).

Patent Law 96

Patent Law Law Inventor Patent 96

SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. Is Messenger RNA Patent-Eligible? 1289, 1293 (2012) ). Prometheus Labs.,

Patent 97

Patent Invention Litigation Law 97

The IPKat

JANUARY 17, 2022

Case background: Mifepristone dose regime to treat Cushing's syndrome Grapefruit is a CYP3A4 inhibitor The patent ( US10195214 ) in question related to a method of treating Cushing's syndrome, a condition caused by the body's overproduction of cortisol hormone. Mifepristone ( KORLYM ) was approved by the FDA in 2012.

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Patent Invention Art Patent Application 74

Intepat

APRIL 18, 2022

Necessity has been called the mother of all inventions and the most recent example of the same was seen when the world was caught unawares in the midst of the Covid-19 pandemic in 2020, without any cure available. In this era, 7% of all patents were from the medical innovation sector.

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Intellectual Property Reporting Technology Government 105

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision.

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IP Copyright Trademark Intellectual Property 124

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 ).

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Patent Infringement Invention Patent Patent Law 52

LexBlog IP

NOVEMBER 16, 2021

Some people may have anticipated that, in raising the standard of inventive step and introducing stricter requirements for enablement and support of claims, the RtB reforms would result in fewer applications being accepted. I was not one of those people, and I expect that neither were most other patent attorneys.

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Patent Prosecution Patent Intellectual Property Law Intellectual Property 52

SpicyIP

JANUARY 2, 2024

TKDL, more than once, has claimed to have thwarted European companies from securing a European patent for ancient Indian remedies, but these have been questioned, for instance, by the blogger who goes by the pseudonym, Tufty the Cat (a qualified U.K. And if so, why was it filed in the first then?

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Invention Reporting Government Art 64

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.

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Patent Invention Inventor Technology 52

SpicyIP

SEPTEMBER 11, 2023

Controller of Patents on 4 September, 2023 (Delhi High Court) Image from here An appeal was filed u/s 117A of Patents Act, related to a “crystalline form of nicotinamide riboside” along with the method of preparing such crystalline form II of “nicotinamide riboside chloride” for their use in pharmaceutical compositions.

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Registration Trademark Copyright IP 105

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too. Requirements for patentability. the requirements for patentability are- Novelty, inventive step, industrial application.

Patent 52

Patent Invention Artwork Confidentiality 52

U.S. Department of Commerce

MAY 27, 2021

Below are a few leaders who, through their innovation, creativity, and entrepreneurship, have made a significant contribution to the Commerce Department’s mission to drive business expansion and economic growth and accelerate American leadership in research, invention, and innovation. More details. Access to light during the night affects 2.6

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Inventor Invention Technology Business 66

IP and Legal Filings

JUNE 15, 2023

A part of TK is exposed for patent review whereas the rest is kept undisclosed. Further, while patent and copyright have strict brackets on what it pertains to, many forms of traditional knowledge may not strictly conform to it. For example, in case of an herb used for healing, patent application will focus on the benefit of the herb.

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Ownership Privacy Public Domain Copyright 98

Patently-O

MAY 23, 2024

Patent Application No. Under the pre-AIA first-to-invent patent system, if two parties claimed the same invention in separate patent applications or patents, the USPTO could declare an interference proceeding to determine which party was the first to invent and thus entitled to the patent.

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Invention Patent Application Patent Publishing 45

LexBlog IP

AUGUST 1, 2023

Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. ” Otsuka Pharm. Sandoz, Inc. , 3d 1280, 1294 (Fed. Rea , 762 F.3d

Art 52

Art Invention Patent Patent Application 52

The IPKat

AUGUST 16, 2021

Analysing this decision, first of all, the question arises as to how it was possible to register this patent? The subject matter of the patented invention must be new at the time of filing a patent application. Lyft emerged from Zimride in 2012, Uber’s main competitor in the US market. of the proceeds.

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Patent Troll Marketing Marketing Patent 86