Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. Dr. Robinson, a neurosurgeon, invented a type of spinal implant.

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Contracts Law Inventor Patent Application 75

Intepat

NOVEMBER 13, 2023

Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. Women & Patents Women have played a vital role in developing the Industry through their inventions. She had invented a Process for weaving straw with silk or thread.

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IPilogue

FEBRUARY 13, 2023

112 , which requires that the specification of a patent application “enable any person skilled in the art…to make and use” the invention in question. In 2014, Amgen sued Sanofi for infringing on its patents concerning drugs for lowering cholesterol. The requirement of enablement in US patent law is codified in 35 USC s.

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LexBlog IP

APRIL 20, 2023

The filing date of the patent was March 28, 2014, but it claimed through a chain of priority back to a 2004 provisional patent. To be granted that right, the patentee must also sufficiently describe the invention and its context within the art to demonstrate his possession of the inventive concept.

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LexBlog IP

JANUARY 19, 2023

21-757, to review “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to make and use the claimed invention, 35 U.S.C. § ” Amgen sued Sanofi in 2014, alleging that Sanofi had infringed its cholesterol-lowering drug patents. Sanofi , No. § 112.

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LexBlog IP

NOVEMBER 22, 2023

Acuitas’s complaint states that “[t]he named inventors on the ’493 Patent Family [] should also include Acuitas’s scientists: Drs. ” Acuitas goes on to state that “Acuitas and CureVac have been collaborating on therapeutics that use Acuitas’s LNP technology since 2014. Patent Nos.

Patent 52

Patent Inventor Invention Technology 52

Patently-O

JULY 6, 2022

” Section 103 of the Patent Act generally defines the doctrine of obviousness and instructs tribunals to look to the prior art and consider whether the claimed invention is sufficiently beyond the prior art. Thus, § 101 forbids an individual from obtaining more than one patent on the same invention, i.e., double patenting.

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IIPRD

MARCH 4, 2024

For setting up the business or for creating something like some inventions it takes a lot of efforts and research to create something new. So, to protect that creativity, inventions, and an idea it is required to protect Intellectual Property. 24863/2014. [3] Why there is a need to protect Intellectual Property. 2] Novartis v.

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Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No. Taylor Made Plastics, Inc.,

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Ownership Inventor Patent Due Diligence 56

Patently-O

DECEMBER 13, 2023

In particular, we know that the first-inventor-to-file provision found in 102(a)(2) spells out, as the name suggests, that a prior-filed patent application (once it becomes public) will serve as prior art against a later filed patent application.

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LexBlog IP

APRIL 25, 2023

The Supreme Court yesterday declined to hear a case brought by a computer scientist whose “invention” was in fact created by artificial intelligence. Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent.

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Derivative Work Invention Copyright Law Copyright 52

Patently-O

APRIL 30, 2024

See my 2014 post. That claim requires too much follow-on research work and so does not sufficiently disclose the invention. Still, those will likely be unrecognized for their worth until some later date when a human truly invents but is blocked from patenting. Still, seemingly qualify as prior art under 35 U.S.C.

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Art Invention Patent Application Publishing 111

Patently-O

MAY 24, 2022

208 (2014), extending Mayo ‘s holdings to abstract ideas and computer implemented inventions. In some ways, this is like the claimed process in Diehr , but instead of using the Arrhenius equation the inventors here just use an unstated algorithm. The court followed-up two years later with Alice Corp. ”

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Invention Inventor Art Patent 131

TraskBritt Intellectual Property

MARCH 30, 2021

Filing a patent application first requires an invention. An invention includes both (1) conception and (2) reduction to practice. Conception is the formation, in the mind of the inventor, of a definite and permanent idea of a complete and operative invention. 3d 998, 1000 (2014). 3d 998, 1000 (2014).

Patent Application 52

Patent Application Patent Invention Inventor 52

LexBlog IP

OCTOBER 31, 2023

Venturing into the patent archives reveals a plethora of Halloween-inspired inventions, highlighting the seamless blend of creativity and business during this eerie season. Had the inventor infused the subject matter from one or more of these claims into the independent claims, the patent might have emerged from the murky mire.

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Inventor Patent Drafting Patent Application Invention 52

LexBlog IP

DECEMBER 20, 2022

As necessity is the mother of invention, the need to prevent Christmas tree fires has led to numerous patent applications in this area. Unfortunately, the inventors of the ‘902 and ‘707 applications had to deal with the Grinch known as prior art. Notwithstanding, there is a need to prevent Christmas tree fires. For example, U.S.

Patent 52

Patent Patent Application Inventor Invention 52

IP and Legal Filings

AUGUST 22, 2022

Patents are granted for inventions in all fields of technology which fulfil the criteria of patentability, i.e., the invention should be new, non-obvious and industrially applicable (useful). Patents provide monopoly granted to invention on meeting these criteria. International Scenario related to Software Patents. In Parker v.

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Intellectual Property Invention Copyright Inventor 52

LexBlog IP

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § § 112(a), and are thus invalid. make and use the same. make and use the same.

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Invention Art Inventor Patent 52

IPilogue

APRIL 25, 2022

Following the scientists’ publications, the United States transitioned from a first to invent patent system to a first inventor to file system, which became effective in March 2013. In 2014, the United States Patent and Trademark Office (“USPTO”) granted U.S. Conclusion. The battle may not be over.

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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 addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

LexBlog IP

OCTOBER 6, 2023

The challenged patents both teach a similar claimed invention that is “directed to a poll-based networking system that connects users based on similarities as determined through poll answering and provides real-time results to the users.” 208, 216 (2014) (quoting Ass’n for Molecular Pathology v. ” Alice Corp.

Invention 52

Invention Art Patent Technology 52

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. An example of this is a 2014 initiative by Hasbro, Inc. ,

Intellectual Property 98

Intellectual Property Designs Design Invention 98

SpicyIP

MARCH 29, 2024

In response to the FER, the Appellant submitted an amended set of claims consisting of 10 claims directed towards- “a method of preventing plant disease and insect damage, the method comprising… ” The 2nd Examination Report was issued on 26 th February 2014 wherein the amended claims were still found to be running afoul Section 3(h).

Invention 52

Invention Patent Application Copying Patent 52

SpicyIP

APRIL 7, 2024

Section 8 and the Transparency of Indian Patent System According to Section 8 of the Indian Patents Act , patent applicants must regularly disclose to the patent office any same or substantially similar foreign applications corresponding to their patent applications for Indian inventions, and any updates relevant to their prosecution.

Patent 72

Patent Patent Application Intellectual Property Law 72

Patently-O

FEBRUARY 9, 2022

The new petition focuses on eligibility and asks the Supreme Court to reaffirm two separate pathways for computer-implemented business method inventions: Improving “the functioning of the computer itself;” and/or. 208 (2014) (quoting Mayo ). See Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion.

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Patent Invention Settlement Technology 60

LexBlog IP

AUGUST 11, 2021

In 1987, a man by the name of Norberto Colón Lorenzana claimed to have invented the chicken sandwich while employed for a Church’s Chicken franchise in Puerto Rico. In 2014 , Lorenzana filed a complaint in an attempt to regain the earnings for his creation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Social Media 52

The IPKat

DECEMBER 7, 2021

If a patent isn't granted after the first application, inventors can just keep filing continuations and motions for reconsideration. For example, the 2011 America Invents Act created faster, cheaper ways to show that a low-quality patent was invalid and empowered the PTO to implement new safeguards to improve patent quality.

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Patent Troll Patent Litigation Inventor 119

LexBlog IP

JANUARY 31, 2023

Many recall a famous 2014 case where monkeys got ahold of a photographer’s camera and snapped a number of selfies. Vidal held “We, too, conclude that the Patent Act requires an ‘inventor’ to be a natural person.” Copyright law requires the authoring of a creative work that is fixed in a tangible medium.

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IP Copyright Law Copyright Intellectual Property 52

The IPKat

SEPTEMBER 23, 2022

At the centre of the submissions was the question as to whether the concept of “core inventive advance” is relevant in the assessment of the requirements of Article 3(a) and 3(c) of Regulation No 469/2009. The defendants raised an invalidity counterclaim against EP’214 based on alleged added matter, lack of novelty and lack of inventive step.

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Litigation Law Patent Invention 80

Kluwer Copyright Blog

FEBRUARY 2, 2023

And, of course, the debate on computer-generated inventions rumbled on across the world.) ” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS.

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The IPKat

MARCH 7, 2023

On today's International Women's Day (IWD) The IPKat has received and is pleased to host a contribution by Katfriends Giorgia Golzio and Daniele Golzio reflecting on the contribution of women to technological advancement, with profiles of some notable female inventors throughout history being reviewed too. The same applied to IP.

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Invention Patent Inventor Designs 142

IP and Legal Filings

NOVEMBER 7, 2022

Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. C) 464/2014 decided on 30.03.2016. [6] In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

Olartemoure Blog

DECEMBER 21, 2023

ROTATING CHRISTMAS TREE STAND US1988343A Inventor: Claris F. 15, 1938 An inventive way to showcase your festive centerpiece. This clever invention allows the entire Christmas tree to rotate, providing a 360-degree view of decorations and ornaments. MISTLETOE SUPPORTING HEADBAND US4488316A Inventors: Ronald J.

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Patent Inventor Invention Intellectual Property 98

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. But sometimes it’s not clear who is the later inventor. What did the Board do?

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Patent Invention Inventor Patent Application 52