Patently-O

APRIL 30, 2024

Ben Hattenbach & Joshua Glucoft have an interesting 2015 article on point. Patents in an Era of Infinite Monkeys and Artificial Intelligence , 19 Stan. 32, 42 (2015). The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in Patent Law, 74 Vand. 521 (2021).

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Art Invention Patent Application Publishing 111

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. Chemours is a 2015 spin-off from Du Pont. Its patents at issues here relate to a polymer having a high melt flow to allow high-speed extrusion to cover electrical wires. Patent Nos. by Dennis Crouch. The new Chemours Co. Chemours Company v.

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Invention Art Marketing Marketing 126

The IPKat

APRIL 16, 2023

The AmeriKat squinting into the bright future of more opportunity for junior patent lawyers This past week, at the 30th Fordham IP Conference's session on Women in Patent Law the AmeriKat presented on the recent amendments to the Patents Court Guide to improve diversity in the Patents Court. Thus, we needed data.

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Patent Patent Law IP Law 85

The IPKat

AUGUST 13, 2024

Intriguingly, OpenAI is not just filing patents, it is pursuing highly accelerated grant of its patents. OpenAI began life in 2015 as a non-profit company, with the self-proclaimed vision of providing humanity with safe and beneficial AI. Who are OpenAI?

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SpicyIP

OCTOBER 1, 2024

The IPO has a history of prioritising public health, as seen when it rejected a patent ( pdf ) for the salt form of Bedaquiline, an essential drug for drug-resistant tuberculosis, in 2023. The PGO system in Indian patent law allows anyone to contest a patent before it’s granted, ensuring that only genuine innovations make it through.

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Patent Application Patent Licensing Reporting 123

LexBlog IP

NOVEMBER 15, 2023

Claim-Based Analysis Required for Pre-AIA Patents Only One of the more confusing developments in patent law was pronounced in Dynamic Drinkware v. Nat’l Graphics, Inc. , 3d 1375, 1378 (Fed.

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Patent Art Patent Law Design 52

Patently-O

FEBRUARY 23, 2022

So these studies can’t tell us much about what’s going on in the Federal Circuit era, unless one assumes—unreasonably—that the Federal Circuit didn’t meaningfully change design patent law. Since 2015, the share of design patent decisions in which the court found infringement has remained above 80%.

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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. In its important 2015 decision in Williamson v. Citrix Online , LLC, 792 F.3d 3d 1339 (Fed.

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Invention Patent Application Technology Patent 64

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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IPilogue

OCTOBER 19, 2022

The combination of “active co-operation and commonality of intention” then helps avoid “constrict[ing others’] freedom to engage in activities which are otherwise lawful” ( Sea Shepherd UK v Fish & Fish Ltd [2015] UKSC 10 at [44], also [56] & [58]; similarly Google LLC v Defteros [2022] HCA 27 at [204], [212] (Aust HC) (defamation)).

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Copyright Infringement Copyright IP Design 105

The IPKat

AUGUST 16, 2021

Violation of the exclusive right of the patentee includes any unauthorised method of introducing into civil circulation a product made using a patented utility model. Analysing this decision, first of all, the question arises as to how it was possible to register this patent?

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Patent Troll Marketing Marketing Patent 86

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

Patently-O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Notably, the 2016 patent law case of Cuozzo v.

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Law Patent Litigation Patent Law 53

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

AUGUST 2, 2022

Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions. Following a peak in 2015, inter partes decisions have been falling, while ex parte decisions have been generally on the rise since 2011. That is, however, no longer true.

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Invention Patent Publishing Law 52

LexBlog IP

AUGUST 11, 2021

With all these various fast food restaurants entering the fray, why did Chick-fil-A or other early players in the chicken sandwich game not block these upstarts with copyright or patent infringement injunctions? A 2015 court case and trade secret law help shed some light on this question.

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Intellectual Property Law Intellectual Property Law Social Media 52

IP Intelligence

MARCH 7, 2022

application; and (d) “relevant and not related to unique aspects of foreign patent law.”[xi]. The EPC description amendment requirement is admittedly “related to unique aspects of foreign patent law” because no equivalent requirement is found in the U.S. patent laws. xi] Apple Inc. Motorola, Inc. ,

Patent Law 52

Patent Law Invention Patent Application Art 52

Patently-O

AUGUST 14, 2022

2006) (“[T]he deliberate surrender of a claim to certain subject matter during the original prosecution of the application for a patent made in an effort to overcome a prior art rejection is not such ‘error’ as will allow the patentee to recapture that subject matter in a reissue.”); ”); Cubist Pharm., Hospira, Inc. ,

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Art Patent Application Patent Editing 78

Patently-O

FEBRUARY 19, 2022

Scholars have noted that court’s “exceptional control” over the patent agency, and have labeled this phenomenon with terms such as “patent exceptionalism” and “Federal Circuit exceptionalism.” See, e.g., Peter Lee, The Supreme Assimilation of Patent Law, 114 Mich. 743, 758 (2015)). Dep’t Homeland Sec.

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Art Invention Law Patent 53

Patently-O

MAY 6, 2024

” The printed matter doctrine a unique and somewhat amorphous concept in patent law that straddles the line between patent eligibility under 35 U.S.C. § On the eligibility side, the doctrine serves as a screening tool to exclude claims that are directed solely to the content of information from patent protection.

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Patently-O

FEBRUARY 13, 2023

In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. arising from his work on the endeavor. However, those inchoate rights are assignable in a way that decouples inventorship and ownership. Seagate Technology LLC , 803 F.3d 3d 659 (Fed.

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Inventor Ownership Invention Patent 75

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. The test asks two questions: 1. Does it appear that one or more of the named inventors have no part in the invention?

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Inventor Patent Intellectual Property Invention 52

SpicyIP

SEPTEMBER 8, 2024

Closer to home, analysis of cases like the customs’ refusal to enforce Bharat Bhogilal Patel’s patents raised thoughtful debates on patent law and customs, in 1970. There, he discussion was also on the lawfulness for Examiners to grant Patents under the Patents Act, 1970. See also here.

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Advertising Advertising IP Patent 110

The IPKat

JUNE 21, 2024

This is an organization that, according to this blog’s founder, Prof Jeremy Phillips, was worth of consideration already back in 2015 (see here ). Over to Gabriele: EPLIT’s Stockholm Congress Report by Gabriele Girardello Last week, this Katfriend had the opportunity to attend for the first time the annual conference of EPLIT.

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Reporting Litigation Government Patent 69

LexBlog IP

APRIL 26, 2022

Such an inventor must be identified for any person to be entitled to a grant of a patent under ss 15(1)(b)-(d). However, Dr Thaler’s legal avenues are not yet exhausted in Australia.

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Invention Inventor Patent Law Law 52

Patently-O

SEPTEMBER 13, 2021

2015); and Commonwealth Sci. & 2015)) have looked to traditional methodologies for determining reasonable royalty patent damages , including the 15-factor Georgia-Pacific framework. patent law with no reference to French contract law. and French law, Judge Elrod refers to Apple v. D-Link (Fed.

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Licensing Contracts Patent Law Law 56

LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. At bottom are two annotated versions of a figure from U.S.

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IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law.

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Intellectual Property Law Business Design 52

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. Compulsory application for protection in Spain.

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Patently-O

APRIL 8, 2024

The decision also provides an interesting case study in the way that the court seems to blend considerations of obviousness and patent eligibility under the umbrella of the “invention” requirement, in a way that may seem foreign to contemporary patent law. Background The patent at issue, U.S. 565, 648 (2015).

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Patently-O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. In Suprema v.

Law 49

Law Patent Patent Law Patent Application 49

The IPKat

JULY 30, 2023

Appealing a judgment issued on 14th of December 2015 (2015 judgment) that closed the proceedings between Ericsson and eBall after they had reached an agreement and subsequently withdrawn all the information. C) 8379/2015 - Appellant Ericsson; respondent CCI. The court rules that patent law is lex specialis.

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Patent Law Licensing IP 40

Patently-O

JULY 14, 2024

446 (2015). In Brulotte , the Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” As explained in Kimble , royalties grounded in both patent and non-patent rights can survive patent expiration. Thys Co. ,

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Patent Contracts Technology Marketing 49

IIPRD

JANUARY 18, 2024

Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world. For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Licensing 52

Patently-O

MARCH 28, 2024

The Motivation to Combine: In patent law, the “motivation to combine” doctrine plays a central role in determining whether a claimed invention is obvious under our guiding statute, 35 U.S.C. § But it appears he didn’t have much familiarity with patent law, for sure, or with these patents, based on his deposition.

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Patently-O

MARCH 30, 2022

patent law. 62 (1853), the famous inventor of the single-line telegraph (Morse) claimed patent rights to the use of electro-magnetism for transmitting a signal–without limit to any “specific machinery or parts.” 2015) ( en banc ). 2015) ( en banc ). 318 (2015). by Dennis Crouch. ” Id.

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Art Inventor Invention Patent 58

Patently-O

SEPTEMBER 25, 2023

In patent law, “means-plus-function” (MPF) claiming is a way to define an element of a patent claim by the function it performs rather than by its specific structure. Judge Albright found both claims to be in means-plus-function form and the Federal Circuit affirmed on appeal. Williamson v. 3d 1339 (Fed.

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Patent Design Designs Invention 72