Patently-O

JULY 22, 2024

by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Prior to 2015, over 35% of patents were examined by assistant examiners. 411 (2021). Here’s why: 1.

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Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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IP Tech Blog

JUNE 30, 2021

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. The Manual of Patent Examining Procedure (MPEP) 608.01(p) Failure to do so raises an inequitable conduct issue related to the applicant’s duty of disclosure, as discussed in our related posts here and here.

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Garrigues Blog

JUNE 22, 2021

This is why it is important to be able to justify the registration of the patent in another territory, if it is not initially registered in Spain. However, following the entry into force of Patents Law 24/2015 (PL), we need to reassess whether this is always the best strategy. Compulsory application for protection in Spain.

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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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The IPKat

OCTOBER 25, 2021

As expected, the Board of Appeal in T 116/18 has now referred to the Enlarged Board of Appeal (EBA) questions on the use of post-filed evidence to establish plausibility for an invention. G2/21 will be closely watched by many, given the potential ramifications of the EBA's answer on the required evidence threshold for patent validity.

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LexBlog IP

APRIL 26, 2022

The Court found (at [105]) that: the law relating to the entitlement of a person to the grant of a patent is premised upon an invention for the purposes of the Patents Act arising from the mind of a natural person or persons. Those who contribute to, or supply, the inventive concept are entitled to the grant.

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Garrigues Blog

NOVEMBER 8, 2022

Under the European Patent Convention (EPC) and national patent regulations in the countries that adhere to the Convention, which include Spain, an invention is patentable if it fulfills, among other requirements, the inventive step requirement ( article 54(1), (2) EPC and article 4(1) of Patents Law 24/2015 ).

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Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. Functional claiming is a constant lure for patent drafters. In its important 2015 decision in Williamson v. 3d 1339 (Fed.

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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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SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. The White Paper analysed the ‘working’ of patented pesticides in India for patents expiring between 2015 and 2022. Impact of Non-Working.

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LexBlog IP

OCTOBER 18, 2021

The case arises out of a 2018 lawsuit, in which four self-described inventors of DNA Arrays brought suit against Illumina, a “multibillion-dollar, global player in genetic analysis,” alleging that Illumina and its associates conspired to steal Petitioner’s trade secrets and covertly conceal the information in patent applications.

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SpicyIP

JANUARY 23, 2023

The Appellant had alleged that despite filing detailed written submissions addressing the objection against the patentability of the invention under Section 2(1)(j) as raised in the examination report, the Respondent issued a cryptic order rejecting the patent application. percent were blocked for copyright infringement.

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Patently-O

FEBRUARY 16, 2023

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Public Accessibility equals Public Use : Although the statutory language of “public use” suggests that the bar is triggered only if the invention is actually used. 3d 1243 (Fed.

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Intepat

APRIL 18, 2022

Necessity has been called the mother of all inventions and the most recent example of the same was seen when the world was caught unawares in the midst of the Covid-19 pandemic in 2020, without any cure available. In this era, 7% of all patents were from the medical innovation sector.

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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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43(B)log

AUGUST 11, 2022

Gerhardt Mary Cade & June Davis: two women very important in making Gatorade drinkable—saving the project—but not credited in any patent, whereas husband Bob Cade (who vomited when he drank the first version) gets the credit. In 2015, 29% of patent applications name at least one woman inventor—up from 17% in 1997.

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Canadian Intellectual Property Blog

MAY 12, 2020

Since Canadian patent law requires that each patent application list the sole inventor(s) of the claimed invention, divisional applications derived from an application having two or more inventors must list only the inventors that contributed to the claimed invention. The test asks two questions: 1.

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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 ).

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SpicyIP

JANUARY 2, 2024

TKDL, more than once, has claimed to have thwarted European companies from securing a European patent for ancient Indian remedies, but these have been questioned, for instance, by the blogger who goes by the pseudonym, Tufty the Cat (a qualified U.K. And if so, why was it filed in the first then?

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The IPKat

AUGUST 16, 2021

Analysing this decision, first of all, the question arises as to how it was possible to register this patent? The subject matter of the patented invention must be new at the time of filing a patent application. That patent was canceled by the decision of the Chamber for Patent Disputes.

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LexBlog IP

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.

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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. 1530 (2015) and distinguished the issue-date focus of the classic Supreme Court case of Miller v. Natco Pharma Ltd. ,

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Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc.

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IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] application; and (d) “relevant and not related to unique aspects of foreign patent law.”[xi].

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

The lawsuit was filed in July of 2015 and asserted two patents: U.S. Patent Nos. 8,191,091 and 8,559,635 (the “’635 Patent”) (collectively the “Asserted Patents”). In February 2017, Apple filed inter partes review of the Asserted Patents. The Procedural History and Facts of the Case.

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LexBlog IP

MAY 9, 2023

Hormel Foods Corporation (22-1696) , a unanimous panel reversed the District of Delaware’s finding that Howard was a joint inventor of the Bacon Patent and explained that Howard’s purported contribution — preheating with an infrared oven — was insignificant when viewed in the context of the invention as a whole. Iolab Corp.,

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LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. Therefore, as a general rule, software-related patents should include an algorithm. . §

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SpicyIP

DECEMBER 27, 2021

Therefore, by granting the interim injunction in the present matter on the above rationale, the court has raised the bar for the defendants planning to resort to the plea of invalidity to oppose application of interim injunction, in future litigations. . The Drug and the patent. The EO patent bears the number IN 233161 (IN 161).

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Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

It was created in 2015. An application for a Eurasian patent covers all Contracting States of the Eurasian Patent Convention, and a Eurasian patent is granted for all these Contracting States together.

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The IPKat

OCTOBER 7, 2021

The closing initial A suggests the patent is just an application, but this is not true. OAPI granted the patent on 31 May 2019. It belongs to a patent family whose priority goes back to the US provisional patent application US62/249,758 or US201562249758P. Article 27.3.b

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LexBlog IP

APRIL 11, 2023

important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

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SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

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Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024).

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Intepat

MAY 15, 2024

These intersections are nothing but the 17 Sustainable development goals, popularly known as the SDGs, that are part of the 2023 Agenda for Sustainable Development adopted by the United Nations Members in 2015 that aimed at sharing and providing a blueprint for peace and prosperity for the people and plant in the present and for the future.

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SpicyIP

JUNE 25, 2024

Pidilite, a company specializing in construction bonding chemicals, introduced its distinctive M-SEAL PV SEAL containers in tin in 2015, before switching to Coex plastic in 2019. Additionally, it ruled that Pidilite’s patent application was irrelevant since it was published after the design filing.

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Intepat

APRIL 18, 2022

Necessity has been called the mother of all inventions, and the most recent example was when the world was caught unawares amid the Covid-19 pandemic in 2020 without any cure available. In this era, 7% of all patents were from the medical innovation sector. World Intellectual Property Report 2022.

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