Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. 2014), directly contradicts the Supreme Court’s decision in U.S. Medac Pharma Inc. ,

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The IP Law Blog

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. Under section 101, only certain types of inventions are patentable: machines, articles of manufacture, compositions of matter, and processes (methods).

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Intellectual Property Law Blog

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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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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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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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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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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Patently-O

JULY 16, 2023

The problem: the reissue claims omit an “essential element” of the original invention in violation of 35 U.S.C. Before getting an investor, these guys filed a low quality initial patent application that had unduly narrow claims that were exploited by knock-off versions and really just disclosed a single embodiment.

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SpicyIP

DECEMBER 15, 2024

Highlights of the Week Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case A Divisional Application (DA) by BASF was rejected by the IPO citing delay in filing of application. 2 in respect of the patent application of the petitioner.

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The IPKat

OCTOBER 30, 2023

The case thus reaffirms the need for careful drafting of international patent applications in order to circumvent, as much as possible, the potential for invalidity due to the strict added matter standard in Europe and the UK. Limited [2020] EWCA Civ 1292, AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 ).

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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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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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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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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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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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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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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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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.

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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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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

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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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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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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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.

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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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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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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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SpicyIP

FEBRUARY 21, 2024

Vifor had claimed infringement of their invention with patent number IN’536. Therefore, the patented invention comprised of an independent product, Ferric Carboxymaltose (FCM), in addition to dependent claims which ‘directed to the process to prepare the product’. The respondents also did not contest this aspect.

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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

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.

Patent Application 52

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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.

Patent 52

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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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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

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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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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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.

Patent 52

Patent Invention Art Intellectual Property 52

Patently-O

AUGUST 23, 2022

Jeffrey Killian filed his patent application back in 2014 seeking to patent his computerized algorithm for identifying “overlooked eligibility for social security disability insurance” and other adult-child benefits. .” On appeal, the Federal Circuit has affirmed. Ericsson Inc. TCL Commc’n Tech.

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