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The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. The looming threat is the pending patentapplications by Gilead in India.
Madras HC Remands PatentApplication Back to IPO for Reconsideration By Md. Sabeeh Ahmad The Madras HC in a judgment this week has, on an appeal by Hendrickson USA (manufacturers of heavy-duty suspensions), remanded their patentapplication for “Axle Mount For Heavy-Duty Vehicle Brake System Components” back to the Patent Office.
In 2015, the US linked its design patent system with Hague — this gives U.S. applicants easier access to the U.S. design patent system. design patents originated from outside of the U.S.; with Chinese-origin design patents taking the clear quantitative lead over all other nations. by Dennis Crouch.
The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ). 102(b)(1)(A) ).
OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. This is perhaps not surprising, given that patentapplications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago.
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patentapplications are rejected. Most asserted design patents are invalidated in litigation.
In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGens US patentapplication 14/509,809 (the 809 application, published on May 14, 2015, as US 2015/0132323) were obvious. By: ArentFox Schiff
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. Here’s why: 1.
PatentApplication No. PatentApplication No. 14/685,504, filed April 7, 2015, or U.S. PatentApplication No. On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No.
PatentApplication No. PatentApplication No. 14/685,504, filed April 7, 2015, or U.S. PatentApplication No. On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No.
With the enactment of the TRA, the jurisdiction in respect of appeals and revocation petitions under the Patents Act was transferred back to High Courts. The Controller of Patents and Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents concerned an appeal under Section 117A. .
While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patentapplications filed. Notably, several pesticides manufactured by European companies are going off patent in recent times. Brief Findings of the Study. Impact of Non-Working.
UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin. The Muller patents disclose ratios of rotigotine to PVP ranging from 9:1.5 In 2014, UCB sued Actavis for infringement of the Muller patents.
A quick glance at last week analysis of a Delhi HC judgment on the patentability of genetically modified salmonella bacteria, a look at the Philips DVD Case where the Court imposed heavy damages and costs, and a post-grant opposition leading to a revocation of Optimus Linelizoid patent. Anything we are missing out on? Chalo Delhi!
by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.
November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patentapplications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.
One program aims to tackle the inequitable gender balance in patent filing by implementing a twice-annual grant for women to fund IP. The program is currently running, and applications are due on March 31. The two studies found that firms that file for patentapplications are disproportionately more often owned by men.
Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . Many of the AIA reforms strengthened our patent system. with the rest of the world.
According to a recent study published in UNSW Law Journal , feminized names are less likely to be granted a patent in Australia. The study investigated female patenting rates in Australia over a period of 15 years. The study revealed that male sounding names were much more likely to have their patents granted.
Prior Patently-O coverage of this appeal is available here.) My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. 161, 219–20 (2015) (footnotes omitted).
The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background
Banting and research facilitator Dr. Macleod, refused to put their names on the patent for the drug, with Banting stating “as a physician who had taken the Hippocratic oath he could not be party to any patenting of a discovery.” Thus, the first patentapplication for an insulin patent was filed under Best and Collip’s names.
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 ).
Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.
by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections.
This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Here’s what Lodewijk writes: Monsanto’s conspicuous African cotton patent by Lodewijk Van Dycke This article is about Monsanto’s OA18791A patent. The initials OA give away that the patent is an OAPI patent.
and his patent holding company (Spectrum Spine). Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patentapplications for his inventions. patentapplication for the spinal implant in March 2013. It then filed a PCT application and a non-provisional U.S.
The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. Amphastar (Fed. Beckton , Fed.
At the summary judgment stage, the parties filed competing summary judgment motions focusing on whether one patent being asserted (US7601740) should be held invalid based upon obviousness-type double patenting (OTDP). Because of the standard 20-year patent term calculation, both would ordinarily expire on the same day.
Patent and Trademark Office claims that the agency's pro bono program has provided "over $39.3 million in donated legal services" since 2015 and noted on Tuesday that those free services have also seen "high participation rates" by female patentapplicants. The director of the U.S.
USPTO Extends Combined Search Pilot Program with Japanese Patent Office. The United States Patent Office has announced an expansion of the Collaborative Search Pilot Program beginning November 1, 2022. PatentApplicants should benefit from the program due to the increased collaboration with the Japanese Patent Office.
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 patentapplications.
The 1952 Patent Act edited the law to allow for reissue for “error[s]” where the patentee claimed either “more or less than he had a right to claim.” At the time, Congress also added a statutory caveat that broadening reissue must be applied for within two years of the patent grant. by Dennis Crouch.
Fish & Richardson is proud to announce that six of its attorneys were named recipients of the Pro Bono Achievement Certificate by the United States Patent and Trademark Office (USPTO). This recognition acknowledges those law firms and attorneys who help make the Patent Pro Bono Program a success. Jacqueline Tio – Georgia PATENTS.
Lastly, the chapter discusses how digitalization has completely turned the world on its axis and how this revolution has affected the direction of innovation leading to digital general-purpose technologies growing faster than the average patent filings across all technologies. Some other key findings of the report are: 1.
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?
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. ” The decline in MPF claims can be linked to several legal decisions and changes in patent doctrine.
In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.
Interesting Patents | USA | Tuesday, April 11, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6435b7e7bf4cc5036{display: important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.
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. Case Background The opposition case from which the referral stems relates to the validity of patent EP2484209 for an insecticide. litura and P. xylostella ).
Some of the most telling stories on the topic revolve around CSIR’s troubling silence on royalties earned from licensing its patents—an issue Prashant addressed extensively in his posts (see e.g., see here , and here ). crore on securing patents in India and abroad, and refused to disclose its revenues from patent licensing.
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) The Manual of Patent Examining Procedure (MPEP) 608.01(p) Sandoz Inc.
With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.
Last week saw blogposts on the history of the Berne Convention, data questioning whether patent filing and grant numbers tell the full story, and criticism of the EPOs patent grants. Who’s Filing These Patents, and Are They Working Alright? But who are the parties filing these patentapplications?
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