Intellectual Property Law Blog

JULY 31, 2023

(“Actavis”) submitted an ANDA application for approval of a generic version of Neupro’s original formulation in 2013. 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.

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SpicyIP

OCTOBER 9, 2024

The “patent of addition” in India is a crucial mechanism for protecting improvements or modifications to existing inventions. Unlike standard patents, which cover entirely new inventions, patents of addition enable inventors to safeguard their enhancements while the original patent remains protected.

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Patent Invention Reporting Inventor 104

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can file a patent application?

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Patent Inventor Invention Intellectual Property 105

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

MARCH 7, 2023

patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent. A patent that improperly claims priority is not automatically invalid. . = = = Most U.S.

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Invention Patent Application Patent Art 118

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.

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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. Rea , 762 F.3d 3d 1346 (Fed.

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Art Invention Patent Patent Application 130

JD Supra Law

DECEMBER 16, 2021

SNIPR Technologies Limited v.

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LexBlog IP

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. § patent system from a first-to-invent system to a first-to-file system.

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Invention Patent Application Inventor Government 52

SpicyIP

DECEMBER 16, 2024

In light of the recent UTIDELONE patent grant order by the Indian Patent Office, Bharathwaj Ramakrishnan analyses the tactic to present a pharmaceutical invention as a composition to overcome Section 3(d) scrutiny and how this could be bad in law. His previous posts can be accessed here. One can now move on to the Order.

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LexBlog IP

FEBRUARY 7, 2022

Indivior’s patent issued in 2017 from the fifth continuation in a series of applications (including four abandoned applications) dating back to a first continuation filed in 2013, and to an earlier application filed in 2009, which published in 2011. wt % to about 58.6 ” In re Wertheim , 541 F.2d

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The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. The root source of this situation, according to Lederer, is the patent prosecution process. Start with the sheer volume of patent applications. Focusing on the U.S.,

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Garrigues Blog

JULY 26, 2023

In this case, the PTAB issued a decision on the so-called “interference process” –a procedure that determines, between two or more patents in dispute, which has priority according to the “first-to-invent” system–. SNIPR’s five patents claimed priority from a PCT application filed on May 3, 2013, and were therefore AIA Patents.

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Editing Patent Inventor Invention 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

LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

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Larson & Larson

JANUARY 10, 2021

Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system.

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Patently-O

APRIL 10, 2024

Dr. Robinson, a neurosurgeon, invented a type of spinal implant. In 2009, Dr. Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. patent application for the spinal implant in March 2013.

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LexBlog IP

NOVEMBER 16, 2021

Here, I define ‘rate of acceptance’ as the proportion of examined applications that go on to be accepted for grant. Between 2009 and 2013, the rate at which applications subject to the former (i.e. I was not one of those people, and I expect that neither were most other patent attorneys. in 2019/20.

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Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. 102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. by Dennis Crouch. 35 U.S.C. § Plastipak Packaging, Inc.

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SpicyIP

JULY 31, 2023

The present case is perhaps the first where the court deconstructs the question of patentability and infringement of product-by-process patent claims in India. But first, just to take a step back: What is a Product-by-Process Patent Claim?

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Larson & Larson

NOVEMBER 25, 2021

However, to enforce their rights and, at the same time, protect their invention, an inventor is mandated to get a patent from the United States Patent and Trademark Office (USPTO). . Following the changing of the America Invents Act in March 2013, this rule is no longer applicable, and the current rule brings the U.S

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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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Patently-O

SEPTEMBER 9, 2022

Hyatt’s microprocessor patent applications have been pending since the 1990s and claim priority back much earlier filings. All this was prior to the 1995 implementation of the Uruguay Round Agreements Act that started measuring patent term from the filing date. Patent Application No. 4th — (Fed.

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LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. A year later, they filed a non-provisional application, which WIPO published in August 2014.

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Patently-O

OCTOBER 7, 2022

The examiner found some great prior art from 2013, which predates this particular design application filing date. But, the design patent also claimed priority to Zahner’s prior utility patent application (Serial No. The basic problem, can be seen in the design patent’s perspective view shown below.

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Design Patent Design Designs Patent 78

Patently-O

AUGUST 26, 2022

For the first element, all of the patent applications, provisional and non-provisional, filed during the marriage are properly presumed to be sole management community property. 2013 WL 1798964 (M.D. 29, 2013), the court dismissed a patent infringement suit because the plaintiff-inventor had not joined his former spouse.

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Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention.

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Invention Patent Technology Design 52

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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LexBlog IP

SEPTEMBER 30, 2021

In the event, the answer to this question turned on whether or not the applicant (i.e. Dr Thaler) could satisfy statutory requirements to name the inventor, and to indicate how he is entitled to be granted patents on inventions that he did not claim to have devised himself.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2022

It provides: It shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States a patented invention. 156 corrected this distortion by extending patent terms for a limited period to compensate for the regulatory delays caused by FDA’s premarket approval process.

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Intepat

JUNE 18, 2024

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination.

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LexBlog IP

AUGUST 16, 2023

” More importantly, however, Weber’s profile of Thaler goes no way towards persuading me that DABUS is capable of true creativity or invention. .” ” More importantly, however, Weber’s profile of Thaler goes no way towards persuading me that DABUS is capable of true creativity or invention.

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LexBlog IP

MARCH 23, 2022

Patent applicants fall under a variety of statuses that are determined by their relationship to other entities, the number of patents they own, and the type of patents they own. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application.

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LexBlog IP

JULY 31, 2023

. (“Actavis”) submitted an ANDA application for approval of a generic version of Neupro’s original formulation in 2013. In 2014, UCB sued Actavis for infringement of the Muller patents. In 2019, UCB again sued Actavis, this time asserting Actavis’ 2013 ANDA application infringed the ‘589 patent.

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Art Invention Patent Patent Application 52

LexBlog IP

MARCH 23, 2022

Its primary purpose is to ensure that patentees are not excessively disadvantaged by delays in securing regulatory approval to market patented products. In Ono , in particular, the Full Court rejected the proposition that sections 70, 71, and 77 should be construed to achieve a commercial outcome for the patentee.

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SpicyIP

MARCH 29, 2024

Third, patentability of a method of agriculture- the issue of Section 3(h). The Factual Matrix Mitsui Chemicals (Appellant) filed a patent application in India through the PCT route in 2009. The application claimed priority from a Japanese application and the PCT claims was directed towards- “1. Let’s dive in.

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Patently-O

SEPTEMBER 19, 2022

In Arthrex , the Supreme Court rewrote the Patent Act, charging the USPTO Director with authority to review final written decisions stemming from inter partes and post grant review proceedings (IPR/PGR). One open question is the Director’s role in mill run patent applications that have been rejected by the Board.

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