JD Supra Law

NOVEMBER 23, 2021

USPTO Delays Fee for Failure to File Applications in DOCX Format - In a notice published in the Federal Register earlier today (86 Fed. Patent and Trademark Office announced that it was delaying the effective date for assessment of the fee for filing patent applications that are not in the DOCX format. 66192), the U.S.

Patent Application 101

Patent Application Publishing Trademark Patent 101

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The Opposition Division further found that by introducing this subjective statement, the applicant had effectively introduced a disclaimer into the description.

Art 113

Art Patent Application Patent Invention 113

IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

Patent Application 81

Patent Application Patent Drafting Patent Invention 81

JD Supra Law

MARCH 15, 2022

The year 2021 was no different, with Amgen v. Both Amgen and Juno involved genus claims with functional language, and both cases seemingly exacerbated the uphill battle for patent applicants and. Sanofi (enablement) decided in February and Juno v. Kite (written description) decided in August.

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Patent Application Patent 98

IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% increase from 2021. The index showed that U.S.

Patent 132

Patent Patent Application Inventor Patent Prosecution 132

Intellectual Property Law Blog

JULY 25, 2023

Within hours after the meeting, Berardi built his own prototype and three months later filed a patent application, which was granted as one of the six patents. The other five patents involve subject matter related to the first patent. Tristar counterclaimed to correct the inventorship of the six patents.

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Intellectual Property Law Blog

SEPTEMBER 1, 2021

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%. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S.

Patent 212

Patent Patent Application Technology Invention 212

JD Supra Law

JUNE 9, 2022

Rules amending the Patent Rules1 were registered on June 2, 2022 and will largely come into force on October 3, 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are similar to draft rules published for public comment in 2021 and discussed in our previous article.

Patent Application 98

Patent Application Patent Publishing 98

Intellectual Property Law Blog

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.

Art 130

Art Invention Patent Patent Application 130

JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

Invention 145

Invention Inventor Patent Application Patent 145

IP Watchdog

FEBRUARY 11, 2022

This week in Other Barks & Bites: the The Federal Circuit denies rehearing in Teva's case with GlaxoSmithKline’s regarding Teva's induced infringement of a GSK patent directed to a method of treating Congestive Heart Failure; the Eleventh Circuit affirms that press release statements regarding patent licensing and other business activities by (..)

Reporting 105

Reporting Intellectual Property Patent Patent Application 105

Patent Trademark Blog

OCTOBER 15, 2024

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. For creators of genuinely innovative products, it may seem unfair that they cannot stop copycats unless and until their patents are granted. Focus on the patent number.

Patent Application 52

Patent Application Patent Design Patent Publishing 52

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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Inventor Patent Application Invention Patent 79

IP Watchdog

NOVEMBER 26, 2022

in 2021, according to a report published November 21 by the World Intellectual Property Organization (WIPO). The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. The biggest increase in patent filings was in Asia, where 67.6% The United States saw a 1.2%

Reporting 137

Reporting IP Intellectual Property Patent Application 137

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

Inventor 130

Inventor Patent Application Invention Patent 130

Patently-O

JUNE 30, 2021

Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement.

Patent Application 132

Patent Application Invention Patent Reporting 132

Intellectual Property Law Blog

SEPTEMBER 8, 2021

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%. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S.

Patent 189

Patent Patent Application Invention Art 189

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Litigation Law Patent Invention 82

IP Watchdog

MARCH 31, 2022

The National Institutes of Health (NIH) is at legal odds with Moderna, claiming that Moderna neglected to add three NIH scientists to Moderna’s patent application on a principal COVID-19 vaccine.

Ownership 139

Ownership Business Patent Patent Application 139

Intellectual Property Law Blog

FEBRUARY 25, 2021

Once likely patentable inventions are identified, it is critical to draft patent applications and claims based on knowledge of how the Patent Office has treated prior blockchain patent applications to maximize the likelihood of obtaining commercially meaningful, valid patents.

Patent 130

Patent Invention Patent Application Patent Law 130

JD Supra Law

MAY 13, 2022

In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act). By: Morgan Lewis - Tech & Sourcing

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Inventor Patent Application Patent 123

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. Hirshfeld , the United States District Court for the Eastern District of Virginia concluded that an AI system cannot be an “inventor” under the Patent Act.

Inventor 189

Inventor Patent Invention Technology 189

JD Supra Law

SEPTEMBER 10, 2021

Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under the Patent Act. By: Proskauer - Life Sciences

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Inventor Patent Application Patent 121

Patently-O

FEBRUARY 7, 2022

design patent system. For the first time in 2021, most new U.S. design patents originated from outside of the U.S.; with Chinese-origin design patents taking the clear quantitative lead over all other nations. The first chart below shows the impact in the U.S.

Design Patent 144

Design Patent Design Designs Patent 144

IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor.

Inventor 130

Inventor Patent Application Invention Publishing 130

IP Tech Blog

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021.

Invention 115

Invention Inventor Patent Application Blogging 115

Patently-O

JULY 19, 2021

2021-000765, 2021 WL 2982136 (PTAB). Lawrence Ausubel is a Professor of Economics at Maryland and has published dozens of articles on efficient auction design and holds several patents. The Board’s analysis directly analogized to Bilski’s patent application which the Supreme Court rejected. = = = =.

Invention 126

Invention Patent Application Technology Contracts 126

The IPKat

JULY 19, 2022

New approach to description amendments By way of a brief recap, the recent controversy over description amendments began with a significant tightening in the 2021 EPO Guidelines for Examination of the requirement for applicants to amend the description of a patent application in line with the allowed claims ( IPKat ).

Patent Application 131

Patent Application Reporting Advertising Advertising 131

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. 2020-1940, 2021 WL 4515275 (Fed. In re Surgisil, L.L.P.,

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

IP Spotlight

DECEMBER 6, 2021

The USPTO recently released its FY 2021 Performance and Accountability Report , which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. months in FY 2021 (compared to 14.8 months in FY 2020). months to first action.

Editing 59

Editing Trademark Invention Patent 59

IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. 2019363177 did not comply with reg 3.2C(2)(aa)

Inventor 131

Inventor Invention Ownership Patent Application 131

Patently-O

JULY 2, 2021

Ex parte Callewaert , APPEAL 2019-005598 (Patent Tr. & Following an obviousness rejection, applicant relied upon an example in the specification to help prove an unexpected result (that the living cell would create certain “unnatural glycan structures”). Ex Parte Cigan , APPEAL 2020-001230 (Patent Tr. &

Art 130

Art Patent Application Patent 130

JD Supra Law

JANUARY 5, 2022

Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for Canadian patent applications.

Patent Application 102

Patent Application Patent Publishing Government 102

IP Watchdog

DECEMBER 10, 2021

Copyright Office is studying and requesting comment on a proposal to defer registration examination; a bipartisan group of Senators introduce a new bill that would require social media companies to provide data to NSF-vetted independent researchers; Toyota Motor announces that it will shutdown production at two Japanese facilities due to labor and (..)

Social Media 59

Social Media Fair Use Patent Application IP 59

JD Supra Law

JULY 22, 2022

As we noted in our post last year on the state of blockchain patent litigation, thousands of blockchain-related patent applications are being filed in the U.S. Patent and Trademark Office. Continuing our analysis of the evolving landscape, we now look at who is filing these patent applications.

Patent 98

Patent Patent Application Litigation Technology 98

The IPKat

FEBRUARY 20, 2023

Missing and erroneous parts The Guidelines have been amended throughout to reflect the introduction of Rule 56a EPC in 2021 (A-II-6). New Rule 56a EPC relates to procedures by which an applicant can correct "erroneously filed" parts of a European patent application ( OJ EPO 2022, A3 ). 26 sequence listing.

Patent Application 136

Patent Application Patent Contracts Law 136

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

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Patent Invention Publishing Art 104