Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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Patent Patent Application Invention Art 246

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. These nonpatentable things are referred to as patent-ineligible subject matter. 208, 216, 219 (2014). Alice Corp. CLS Bank International , 573 U.S.

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Patent Invention Patent Application Intellectual Property 98

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. 208, 216, 219 (2014). In People.ai, Inc. Alice Corp.

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Patent Invention Business Patent Application 98

Intellectual Property Law Blog

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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Patent Patent Application Technology Invention 275

LexBlog IP

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. The patent examiner rejected the claims on the grounds that the claims were directed to patent-ineligible subject matter under 35 U.S.C. section 101.

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Patent Patent Application Invention Advertising 52

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. US11051951.

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Contracts Law Inventor Patent Application 75

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. 208, 216, 219 (2014). Alice Corp.

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Invention Patent Patent Law Patent Infringement 98

Patently-O

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. The policy goal is to prevent unjustified timewise extension of exclusive patent rights.

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Patent Patent Application Art Ownership 51

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent. Solvay S.A.

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Patent Application Patent Invention Inventor 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. See my 2014 post. That claim requires too much follow-on research work and so does not sufficiently disclose the invention.

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Art Invention Patent Application Publishing 109

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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Art Invention Patent Patent Application 130

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s. 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.

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Patent Invention Art Inventor 101

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. However, in 2014, the Delhi High Court in Sukesh Behl V. Article 13.2

Patent 72

Patent Patent Application Intellectual Property Law 72

LexBlog IP

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. These nonpatentable things are referred to as patent-ineligible subject matter. 208, 216, 219 (2014). Alice Corp. CLS Bank International , 573 U.S.

Patent 52

Patent Invention Patent Application Intellectual Property 52

LexBlog IP

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. 208, 216, 219 (2014). In People.ai, Inc. Alice Corp.

Patent 52

Patent Invention Business Technology 52

Intellectual Property Law Blog

AUGUST 25, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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Patent Invention Patent Application Patent Drafting 173

LexBlog IP

APRIL 20, 2023

that Gilead’s intervening prior art reference invalidated Minnesota’s patent claims. While the case is a straightforward application of written description law, it is consistent with the Federal Circuit’s broader trend towards requiring more of patent applicants to comply with Section 112’s disclosure requirements.

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Patent Inventor Invention Art 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. Patent Application No. Patent Application No. Both applications share the distinction of using the term “and/or” in their specifications. For example, U.S.

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Patent Patent Application Inventor Invention 52

LexBlog IP

JUNE 20, 2023

However, generative AI is susceptible to the same subject matter eligibility issues that have sunk countless patent applications involving various machine learning technologies. Patent Office guidelines along with real-life prosecution experience fortunately provide a roadmap to avoid that fate for generative AI inventions.

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Patent Invention Art Intellectual Property 52

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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Invention Patent Application Copying Patent 52

Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? Double Patenting in the Statute.

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Patent Art Invention Inventor 73

LexBlog IP

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. 2347 (2014). See Alice Corp. CLS Bank Int’l , 134 S.

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Patent Application Patent Invention Art 52

IP Intelligence

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. In plain speak, the Russian government ostensibly used its invasion of Ukraine to declare war on patents from the 47 “unfriendly” countries, including the United States.

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Patent Intellectual Property Government Invention 96

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 81

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 125

Intepat

NOVEMBER 13, 2023

This article delves into the profound impacts and innovative contributions of women in patent filing, highlighting their achievements, challenges, and the broader implications for the global landscape of innovation. Women & Patents Women have played a vital role in developing the Industry through their inventions.

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Inventor Patent Invention Intellectual Property 52

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 ). Real intention to use.

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Patent Infringement Invention Patent Patent Law 52

LexBlog IP

FEBRUARY 28, 2023

The white paper may be found here and covers various best practices for protecting software and medical device inventions around the globe. The China National Intellectual Property Administration (CNIPA) has two sets of guidelines that are potentially relevant to inventions that use software as or part of a medical device. ” Id.

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Invention Intellectual Property Art Patent 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.

Invention 52

Invention Art Inventor Patent 52

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. Afana was the only listed inventor, thus the community property was held only in Afana’s name. The Federal Circuit affirmed dismissal for lack of standing.

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Ownership Inventor Patent Due Diligence 54

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. I was not one of those people, and I expect that neither were most other patent attorneys. In particular, expedited examination under the Global Patent Prosecution Highway (GPPH) program rose from just 2.7%

Patent Prosecution 52

Patent Prosecution Patent Intellectual Property Law Intellectual Property 52

LexBlog IP

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. 2347 (2014). See Alice Corp. CLS Bank Int’l , 134 S.

Patent 52

Patent Patent Application Invention Technology 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 104

Patently-O

DECEMBER 14, 2023

I will also note here that there are a number of pre-GATT cases that do apply OTDP using later-filed applications as a reference, but that was a different time when patent term was measured from the issue date. 2014), cert. The examiner will likely see those as two separate inventions and force them to be divided.

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Patent Patent Application Invention Designs 62

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Since 2014, the Eurasian Economic Commission has held permanent observer status at WIPO. Preparations are currently under way for the signing of a Memorandum of Understanding with the Eurasian Patent Organisation.

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Intellectual Property IP Contracts Registration 52

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. Ineos USA LLC v. Berry Plastics Corp., 3d 865, 869 (Fed. 2015) (citing Atofina, 441 F.3d 3d at 999; ClearValue, Inc.

Art 52

Art Invention Patent Patent Application 52

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Image from here. Future Bath Products Private Ltd.

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