Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. See American Axle & Manufacturing, Inc.

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Inventor Patent Invention Technology 189

JD Supra Law

DECEMBER 4, 2024

The United States Patent and Trademark Office (USPTO) has released its long-anticipated final rule on patent fee adjustments (“Final Rule”). Set to take effect January 19, 2025, these changes represent the most significant fee restructuring since 2020. By: Dinsmore & Shohl LLP

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Intellectual Property Law Blog

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 127 patent, Abstract. 127 patent, col. 127 patent, col.

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Intellectual Property Law Blog

FEBRUARY 28, 2022

The Federal Circuit decision will be viewed favorable for patent owners as they may face fewer challenges in a district court case subsequent to an IPR. 2020-2222, F.2d FOOTNOTES. [1] 3d 1293 (Fed.

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Patent 189

Patently-O

FEBRUARY 7, 2022

In 2015, the US linked its design patent system with Hague — this gives U.S. For instance, 55% of global design applications filed in 2020 were by Chinese residents. design patent system. design patents originated from outside of the U.S.; by Dennis Crouch. applicants easier access to the U.S.

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SpicyIP

NOVEMBER 30, 2024

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain.

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Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. 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 Alice Corp.

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Patently-O

FEBRUARY 23, 2022

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 patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Intellectual Property Law Blog

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. 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 Alice Corp.

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Patent Patent Application Technology Invention 212

IP Watchdog

JULY 30, 2021

2020-1289, 2020-1290 (Fed. Daikin”), the Federal Circuit clarified three doctrines involved in the determination of obviousness: teaching away, commercial success, and blocking patents. In The Chemours Company FC, LLC v. Daikin Industries, Ltd., July 22, 2021) (“Chemours v.

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Patently-O

DECEMBER 2, 2024

I would suggest that the pathways through USPTO patent prosecution are at least as intricate and manifold. I wanted to identify the most "typical" pathways for recently issued patents and so parsed through USPTO file wrapper data looking for rejection-response cycles as applications navigate their way to issuance. Already a member?

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Patent Patent Prosecution 49

Intellectual Property Law Blog

MARCH 2, 2021

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp.

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IP Watchdog

JANUARY 5, 2024

Recently, amendments to the Implementing Regulations of the Chinese Patent Law were issued and will take effect from January 20, 2024. The Regulations align with the revisions made to the Patent Law in 2020 and provide further guidance.

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Patent Law Law Patent Government 122

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images.

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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. Here’s why: 1.

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Patently-O

DECEMBER 29, 2023

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the fourth consecutive year of decline in the number of issued patents. In fact, numbers from US-applicants increased over the past year.

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IP Watchdog

AUGUST 26, 2021

As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. CLS Bank decision.

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IP Watchdog

APRIL 5, 2022

There were 188,600 European patent applications filed last year, an annual increase of 4.5%, according to figures published by the European Patent Office (EPO) on April 5. Despite the impact of the pandemic, applications increased to a record level following a slight decline in 2020.

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Patent Patent Application Publishing Patent Prosecution 119

IP Watchdog

MARCH 21, 2022

As an update to my posts from 2017, 2019, 2020, March 2021, and August 2021, it has now been 93 months since the U.S. Supreme Court’s 2014 Alice Corp. CLS Bank decision.

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Intellectual Property Law Blog

NOVEMBER 7, 2023

This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Medtronic”) owns multiple patents relating to transcutaneous (i.e. Background Medtronic, Inc. Axonics, Inc.

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Patently-O

AUGUST 21, 2023

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

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Patent Patent Law Publishing Reporting 98

IP Watchdog

NOVEMBER 18, 2021

Patent and Trademark Office yesterday published a final rule implementing the Trademark Modernization Act of 2020 (TMA), which was signed into law as part of the Consolidated Appropriations Act of 2020 last year.

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Trademark Publishing Law Patent 119

JD Supra Law

OCTOBER 14, 2022

Moderna famously pioneered a successful mRNA COVID-19 vaccine in 2020 while the U.S. Moderna’s vaccine was built on mRNA technology that it had patented via applications filed in 2018 and 2020. and the world were in the throes of the COVID pandemic. By: Caldwell Intellectual Property Law

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Biswajit Sarkar Copyright Blog

SEPTEMBER 20, 2023

Sonos and Google have finally ended their long patent infringement disputes. The primary contention here is that Google was accused of infringing Sonos’ patents covering their sound technology and smart speakers. Sonos is the owner of US patent numbers 10,848,885 and 10,469,966. It was formed in 2002. Google Inc.

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Patent Technology Music Blogging 105

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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IP Watchdog

DECEMBER 5, 2022

If you are filing or have filed a trademark application with the United States Patent and Trademark Office (USPTO) you now have a shorter deadline to respond to Office Actions.

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Patently-O

JULY 2, 2021

Ex parte Callewaert , APPEAL 2019-005598 (Patent Tr. & Ex Parte Cigan , APPEAL 2020-001230 (Patent Tr. & The patent applicant argued that the prior art examples should be disregarded as merely a prophetic example. Ex Parte Harriman , APPEAL 2020-004459 (Patent Tr. & See In re Antor Media Corp.,

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Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. 2020-005406 (PTAB Feb. A common defect is claim scope.

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The IPKat

MARCH 4, 2025

However, this does not mean that the same case brought before different trade mark offices will have the same outcome, as two recent decisions from the General Court ( here ) and the German Patent Court ( here ) show. Both decisions concern applications for invalidity of an (almost) identical trade mark. Both signs were registered.

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IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

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Inventor Technology Patent Application Invention 142

Intellectual Property Law Blog

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. 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%. 2020-005406 (PTAB Feb.

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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. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

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Intellectual Property Law Blog

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Background Palette Life Sciences, Inc.

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Intellectual Property Law Blog

FEBRUARY 28, 2022

The Federal Circuit decision will be viewed favorable for patent owners as they may face fewer challenges in a district court case subsequent to an IPR. 2020-2222, F.2d FOOTNOTES [1] No. 3d 1293 (Fed.

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Patent 130

IP Watchdog

AUGUST 16, 2021

The top four delivery apps saw a year-over-year increase of $3 billion in combined revenues when comparing the second and third quarters of 2019 and 2020. Global revenues in the food delivery sector have doubled between 2017 and 2020 and are expected to reach $97 billion USD by the year 2024.

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The IPKat

SEPTEMBER 20, 2021

percent in 2020, exceeding the average growth rate of the past 10 years. percent in 2020”. remains in 3rd place for the third year in a row, leading “in key metrics such as patents by origin, the quality of its universities and the impact of its scientific publications and in R&D intensive global companies”. 1 in 2020) 2.

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SpicyIP

AUGUST 9, 2024

The Story Till Now On one hand, COVID-19 cases are rising yet again to everyone’s surprise, and on the other, the surprises from the Covaxin patent application don’t seem to stop. Two revisions in the patent applications have occurred since then, and this post analyses the events and their implications on the Covaxin patent.

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