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. Ben Hattenbach & Joshua Glucoft have an interesting 2015 article on point. Patents in an Era of Infinite Monkeys and Artificial Intelligence , 19 Stan.

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Art Invention Patent Application Publishing 111

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By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim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. and his patent holding company (Spectrum Spine). Robinson, M.D.

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Contracts Law Inventor Patent Application 75

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.

Patent Application 52

Patent Application Inventor Patent Infringement Invention 52

Canadian Intellectual Property Blog

MAY 12, 2020

Determining inventorship, prior to patent issuance, can save an applicant the costly procedural and evidentiary burden required for correcting the named inventors post patent issuance. Does it appear that one or more of the named inventors have no part in the invention? The test asks two questions: 1.

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Inventor Patent Intellectual Property Invention 52

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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Patent Invention Patent Application Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

The Fish attorneys recognized and their respective programs include: Timothy Riffe – California Inventors Assistance Program. Yao Wang – California Inventors Assistance Program. Craig Deutsch – LegalCORPS’ Inventor Assistance Program. Grace Kim – LegalCORPS’ Inventor Assistance Program. Jacqueline Tio – Georgia PATENTS.

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Due Diligence Inventor Patent Patent Prosecution 52

IP Tech Blog

JUNE 30, 2021

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. In fact, a patent application does not need to provide a guarantee that a prophetic example actually works!

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Invention Inventor Patent Application Art 52

43(B)log

AUGUST 11, 2022

Representation of Female Inventors on Patent Teams Jordi Goodman Equity would be achieved in 2092 if current trends continue. In 2015, 29% of patent applications name at least one woman inventor—up from 17% in 1997. of named inventors are women. This also holds for first listed inventor.

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Inventor Music Invention IP 72

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. As MPF claims were declining, patent applicants still felt the draw for functional limitations and began to use alternative claiming strategies.

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Invention Patent Application Technology Patent 64

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 Inventor 53

LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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Invention Inventor Patent Law Law 52

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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Invention Inventor Patent Application Due Diligence 52

The IPKat

OCTOBER 25, 2021

13.5) (T 919/15, T 536/07, T 1437/07, T 266/10, T 863/12, T 184/16, T 2015/20). This difference highlights the implications that a EBA decision in this referral may have on the requirements for patentability and how broadly an invention may be claimed based on the data provided in the application as filed.

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Invention Publishing Patent Application Art 86

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. RapidPulse, Inc.

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Art Inventor Invention Publishing 49

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Rae Crisler is a patent litigator whose experience spans a wide range of technologies, including pharmaceuticals in Hatch-Waxman cases, biologics, medical devices, and technologies related to power management features of systems-on-a-chip as well as network and data processing optimization. In 2015, Joy received her J.D. in history.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

OCTOBER 5, 2022

This is a case that has been vigorously litigated since 2015 and has already been up on appeal to the U.S. CODA and its owner, Frantisek Hrabel, brought suit against Goodyear and one of its engineers, Robert Benedict, in 2015, claiming that Benedict and Goodyear had stolen their trade secrets for a self-inflating tire technology and process.

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Litigation Technology Licensing Inventor 52

LexBlog IP

SEPTEMBER 28, 2022

This is a case that has been vigorously litigated since 2015 and has already been up on appeal to the U.S. CODA and its owner, Frantisek Hrabel, brought suit against Goodyear and one of its engineers, Robert Benedict, in 2015, claiming that Benedict and Goodyear had stolen their trade secrets for a self-inflating tire technology and process.

Litigation 52

Litigation Technology Licensing Inventor 52

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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Litigation Patent Patent Application Technology 52

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. & Finn; Chad E.

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Editing Patent Patent Application Social Media 52

Patently-O

APRIL 8, 2024

The Court concluded that “it did not need the genius of the inventor” to recognize the benefits of a higher vacuum once the underlying scientific relationship was known. At the same time, the Court also emphasized that “it is method and device which may be patented and not the scientific explanation of their operation.”

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Invention Art Patent Television 64

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. ” MPEP § 2164.

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Invention Patent Art Inventor 40

Garrigues Blog

JANUARY 12, 2022

The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986. The right of prior use is also applicable to utility models (article 150 of the Patents Law of 2015 ).

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Patent Infringement Invention Patent Patent Law 52

LexBlog IP

SEPTEMBER 5, 2023

In that case, Gilead Sciences sequentially filed separate patent applications, leading to patents with different expiration dates, claiming inventions that were obvious variants of each other. Gilead Sciences did not, however, involve family-related patents that received PTA. Natco Pharma Ltd. , 3d 1208 (Fed. 3d at 1210.

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Patent Patent Application Inventor Intellectual Property 52

Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024).

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Ownership Patent Invention Contracts 40

IIPRD

MAY 10, 2020

Some of these schemes and programs work with the assistance of professional IP practitioners who are empaneled in respective departments, programs, or schemes while others provide monetary assistance to start-ups, inventors, institutions, etc. The application form for a patent is given on the official website [6].

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Intellectual Property Patent Government Technology 40

Barry Sookman

MAY 4, 2020

In the meantime, the USPTO just released a decision denying the application for a such a patent holding that under the U.S. patent law, 35 USC §§ 1 et seq. an inventor must be a natural person. Title 35 of the United States Code consistently refers to inventors as natural persons. For example, 35 U.S.C. §

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Intellectual Property Inventor Invention Copyright 52

SpicyIP

DECEMBER 31, 2024

The Court also asserted the importance of both processes:- rigorous examinations for the focused evaluation against set legal standards so as to ensure only deserving applications receive patents; and the opposition process as a forum for external stakeholders to contribute to a more comprehensive evaluation of the patent application.

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