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.

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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.

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Intellectual Property Government Invention Branding 98

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

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.

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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

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 116

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) ).

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Patent Inventor Patent Application Art 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 136

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

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

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

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

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

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

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

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 80

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

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.

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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.

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Patent Invention Inventor Patent Application 40

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 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 132

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

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.,

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Patent Invention Litigation Law 81

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).

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Patent Law Law Inventor Patent 96

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

LexBlog IP

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 52

Art Invention Patent Patent Application 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.

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Art Confidentiality Patent Application Patent 40

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 70

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date. Final Rules for Trials before the Patent Trial and Appeal Board.

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Litigation Settlement Patent Public Use 52

Patently-O

OCTOBER 6, 2023

Despite this lower bar, IPR petitioners still have the burden of at least explaining why a skilled artisan would have been be motivated to combine various references to form the claimed invention. ” Sisvel’s ’561 patent, owned by Sisvel, relates to improving channel coding techniques in transmitting data for radio systems.

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Art Invention Patent Patent Application 64

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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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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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 114

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 93

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

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 94

SpicyIP

MAY 20, 2024

Controller of Patents and Designs & Anr on May 14, 2024 (Delhi High Court) The present appeal was filed under Section 117A of Patents Act, 1970 against an order rejecting the patent application for ‘crop safeners’. The five-step inquiry into inventive step, as outlined in the latter case was also referred.

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