Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Designs Design Patent 134

JD Supra Law

OCTOBER 2, 2024

Since 2012, the United States Patent and Trademark Office (USPTO) has provided patent applicants and examiners an opportunity to continue collaborative prosecution after a final rejection has been received through the After Final Consideration Pilot Program 2.0

Patent Application 65

Patent Application Trademark Patent 65

LexBlog IP

JULY 6, 2022

(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications. The first patent agent filed Indian Patent Application No. The first patent agent filed Indian Patent Application No.

Patent Application 52

Patent Application Patent Intellectual Property Law 52

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. It remains to be seen whether the court will deploy judicial review in ways that make it tougher to obtain such patents or in ways that make it easier.

Patent 79

Patent Invention Patent Application Intellectual Property 79

SpicyIP

MAY 17, 2023

However, Section 3(d) has been an issue for the big pharmaceutical companies, as an obstruction to get secondary patents on trivial variations because it blocks patents from becoming “evergreen” and gives opportunity to generic pharmaceutical firms to produce biosimilar drugs and sell them at a much lower price.

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

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)?

Patent Application 141

Patent Application Reporting Public Domain Patent 141

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

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? GrayLeCozDuan ). estoppel.pdf ). AIAAmbiguities ).

Art 126

Art Journalism Patent Law Invention 126

Patently-O

MAY 13, 2022

According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT). Hyatt , 566 US 431 (2012). Of those, 99% list Gilbert Hyatt as an inventor. Hyatt is known for being tenacious.

Patent 133

Patent Inventor Patent Application Law 133

SpicyIP

JANUARY 11, 2022

250/2012) to state that when prior art discloses every subject-matter of an invention, then it can be safely assumed that a person skilled in the art would arrive at the invention through experimentation, the Controller reiterated that the non-obviousness criterion requires any claimed invention must be adequately removed from prior art.

Invention 119

Invention Patent Art Patent Application 119

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. The Federal Circuit has decided an important employment agreement case. Omni MedSci v. Apple (Fed.

Patent 100

Patent Contracts Inventor Ownership 100

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.

Trademark 59

Trademark Patent Copyright Patent Application 59

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

JD Supra Law

JUNE 7, 2022

At the ARPA-E (Advanced Research Projects Agency – Energy) Energy Innovation Summit on May 24, the USPTO (United States Patent and Trademark Office) announced the expedition of clean energy patent applications through the Climate Change Mitigation Pilot Program. By: Foley & Lardner LLP

Patent Application 52

Patent Application Technology Trademark Patent 52

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. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U. .” See my 2014 post. 3d 1313, 1354 (Fed.Cir.2003).

Art 111

Art Invention Patent Application Publishing 111

Patently-O

SEPTEMBER 1, 2021

Patent applicants and their attorneys are bound by a duty of candor and good faith in dealing with the USPTO. establishes a duty to disclose information material to patentability. ” The Office has generally tied the duty only to human-persons, and so the duty has not been applied directly to corporate applicants.

Patent Application 68

Patent Application Art Patent Invention 68

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.

Patent Application 52

Patent Application Invention Trademark Patent 52

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? GrayLeCozDuan ). estoppel.pdf ). AIAAmbiguities ).

Journalism 105

Journalism Art Patent Law Invention 105

IP and Legal Filings

SEPTEMBER 8, 2021

The Industrial and Commercial Bank of China’s blockchain patent application, which included a system used to improve the efficiency of certificate issuance and save users from repetitively filing the same document on multiple platforms, was one of the first known blockchain patent applications.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

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.

Trademark 59

Trademark Brands Branding Branding 59

SpicyIP

AUGUST 3, 2023

In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. However, it later turned out that there was no patent application for the Super Basmati, but rather, as Aysha said, it was a “proverbial case of the media conflating IP terms”.

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Registration IP Copyright Blogging 98

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 59

Confidentiality Trademark Copyright Infringement Music 59

LexBlog IP

MARCH 18, 2022

Patent Application No. The inventors listed on Broad’s patent are Feng Zhang, Ph.D., and the inventors listed on the CVC application are Jennifer Doudna, Ph.D., The inventors listed on Broad’s patent are Feng Zhang, Ph.D., and the inventors listed on the CVC application are Jennifer Doudna, Ph.D.,

Inventor 52

Inventor Invention Editing Patent 52

SpicyIP

APRIL 30, 2024

Background The appellant (Microsoft) filed a patent application on 27 February 2012 for an invention titled “Message Communication of Sensor and other Data.” ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

Invention 111

Invention Art Designs Design 111

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

Patently-O

AUGUST 10, 2022

.” I’ll reiterate my prior thoughts that, for patent cases, courts should rethink the notion the storage facility location for electronic documents should not be much of a factor (if any) regarding convenience unless the location somehow places the documents outside of the legal reach of the US court system. = = =.

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Litigation Patent Application Copying Patent 75

The IP Law Blog

APRIL 21, 2022

March 10, 2022), the Federal Circuit summarily affirmed a Massachusetts district court’s grant of summary judgement of patent invalidity. Worlds owned patents covering methods of managing interactions of remote users in a virtual world.

Invention 98

Invention Patent Patent Law Patent Infringement 98

Intepat

APRIL 18, 2022

In this era, 7% of all patents were from the medical innovation sector. c) For the next 35 years till 2000, Computer and related innovation (“ ICTs ”) tripled and the sector represented 24% of all patents and showed an 8% annual growth rate. However, starting from 2012, the growth in this sector has gone stagnant.

Intellectual Property 105

Intellectual Property Reporting Technology Government 105

SpicyIP

SEPTEMBER 11, 2023

The court assessed the order and held that the same was passed on objections regarding product claims and the amendment will change the nature of the application but will remain within the scope of patent application. The court thus remanded the matter back to the patent office and directed to consider afresh.

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Registration Trademark Copyright IP 105

The IPKat

SEPTEMBER 23, 2022

Graf Synergy’s infringement claim was based on a European patent relating to a “device for welding profiled elements in plastic material, in particular PVC” (EP 3 156 214). EP’214 was issued based on a divisional patent application. A PCT patent application was later filed based on this Belgian patent application.

Litigation 83

Litigation Law Patent Invention 83

IIPRD

OCTOBER 7, 2024

Also, the Government has recently made an Amendment to the Patent Rule i.e. Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patent application process and reduce the burden of the compilation and accelerate actions. Trademarks and Registered Trademarks, Control of Corp Diseases, 2012.

Intellectual Property 98

Intellectual Property Government Invention Brands 98

Patently-O

FEBRUARY 26, 2024

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. Weiss) represented Ikan and Amazon presented evidence that both Mr. Weiss and Ikan’s CEO had knowledge of the abandonment back in 2012.

Patent 59

Patent Patent Application Patent Prosecution Blogging 59

Patently-O

MAY 3, 2023

09-955-LPS-CJB, 2012 WL 600715, at *7 (D. 3, 2012) (“Several district courts have recently confronted this question and have reached different conclusions.”) (collecting cases); Cutsforth, Inc. 2012))); Front Row Techs., quoting Wyeth Holdings, 2012 WL 600715, at *7)). Sandoz, Inc., LEMM Liquidating Co., Medtronic, Inc.,

Patent Application 45

Patent Application Law Patent 45

LexBlog IP

AUGUST 18, 2021

89(1) of the UPC Agreement, it shall enter into force once 13 member states have ratified it, including the three member states in which the highest number of European patents had effect in 2012 (Germany, UK and France). According to Art. Quo Vadis, UPC?

Patent 52

Patent Intellectual Property Patent Application Art 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

More Than Your Mark

MARCH 4, 2019

That said, the Patent Office has historically reduced any such adjustment if the patent applicant was the cause of the delay. But when is delay attributable to the applicant? November 29, 2012: Supernus submits an Information Disclosure Statement (IDS) disclosing the references and the opposition papers.

Patent Law 40

Patent Law Patent Application Patent Blogging 40

IP and Legal Filings

JUNE 15, 2023

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