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 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%

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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.

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Inventor Patent Application Invention Patent 130

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

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

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Inventor Patent Application Design Designs 97

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

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Patent Application Patent Invention Patent Prosecution 52

The IPKat

FEBRUARY 7, 2022

There had been cautious hope that the new Guidelines would soften the stringent description amendment requirements that were introduced in 2021. However, it is now clear that the 2022 Guidelines will do little to ameliorate the requirements introduced in 2021. emphasis added). emphasis added). T 0471/20) (5 Jan 2022).

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Invention Patent Application Patent Prosecution Patent 98

SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. course at NLSIU Bangalore. Article 3.2

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Design Designs Law Intellectual Property 59

The IPKat

DECEMBER 7, 2021

nd What Should Happen Next", by Stefan Lederer , which was published in connection with Forbes magazine and the Forbes Business Council on July 22, 2021. In it, Lederer makes a spirited argument in favor of the position that patent trolling, with all its (according to the author) deleterious features, is still very much with us.

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Patent Troll Patent Litigation Inventor 122

The IP Law Blog

JULY 15, 2021

Explain whether the state of patent eligibility jurisprudence in the United States has caused you to change business strategies for protecting your intellectual property, such as shifting from patents to trade secrets, or vice versa. Comments must be received by the USPTO by September 7, 2021.

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Law Patent Invention Intellectual Property 109

GDB Firm Blog

NOVEMBER 17, 2021

4, 2021) A rejection based on obviousness can be a difficult rejection for patent applicants to overcome. In patent prosecution, an examiner who can find a reference or combination of references that supposedly incorporates the claimed invention can result in a stubborn obviousness rejection. Strathclyde v.

Patent Prosecution 52

Patent Prosecution Patent Application Invention Art 52

The IP Law Blog

MARCH 30, 2023

The UAIA further increases the discounts as an additional incentive to encourage them to participate in the patent system. Senate proposed the Unleashing American Innovators Act (UAIA) in September 2021. In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 Through a bipartisan effort, the U.S.

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Business Inventor Patent Licensing 98

The IPKat

DECEMBER 26, 2021

A quirk of European patent prosecution is the requirement for the description to be amended in line with allowed claims. Despite having unclear legal basis, the description amendment requirement was controversially made even more stringent in the 2021 Guidelines ( IPKat ). in a doctrine of equivalents analysis).

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Invention Patent Application Patent Patent Prosecution 104

SpicyIP

MARCH 16, 2023

Controller of Patents and Designs ( pdf.), the Delhi High Court in very explicit terms called out the office of Controller of Patents and Designs for doing “little justice to the solemn functions” entrusted upon them with regards to their rejection order of Dolby’s patent application. In fact, at one point (para.

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Invention Patent Prosecution Patent Application Patent 105

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. The deadline for submissions is October 15, 2021. Due date for Submission: October 15, 2021. 20-891, 2021 WL 1725166 (May 3, 2021). marketing; h.

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Patent Intellectual Property Invention Inventor 102

LexBlog IP

NOVEMBER 16, 2021

Between 2009 and 2013, the rate at which applications subject to the former (i.e. In comparison, the acceptance rate of post-RtB applications has stabilised at around 75% in each year between 2017 and 2021. I was not one of those people, and I expect that neither were most other patent attorneys. in 2019/20.

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Patent Prosecution Patent Intellectual Property Law Intellectual Property 52

The IPKat

AUGUST 11, 2023

AI inventor case catch-up: Formalities, not patentability It is worth remembering that a patent application may be filed for any subject matter, provided the appropriate forms are filled in and the necessary fees paid. The patent applications have simply been refused for failing to satisfy the formal requirements of filing.

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Inventor Invention Law Ownership 52

LexBlog IP

MARCH 30, 2023

The UAIA further increases the discounts as an additional incentive to encourage them to participate in the patent system. Senate proposed the Unleashing American Innovators Act (UAIA) in September 2021. In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 Through a bipartisan effort, the U.S.

Business 52

Business Inventor Patent Licensing 52

LexBlog IP

MARCH 23, 2022

Patent applicants fall under a variety of statuses that are determined by their relationship to other entities, the number of patents they own, and the type of patents they own. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application.

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Higher Education Patent Inventor Patent Application 52

The IPKat

SEPTEMBER 13, 2023

More patent term: Patent Term Adjustment and Patent Term Extension The general rule across jurisdictions is that patents expire 20 years from the original filing date of the patent application. One exception to this rule is the patent term adjustment (PTA) provisions in the US ( 35 U.S.C. §

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Patent Patent Application Patent Prosecution Law 67

LexBlog IP

JULY 15, 2021

Explain whether the state of patent eligibility jurisprudence in the United States has caused you to change business strategies for protecting your intellectual property, such as shifting from patents to trade secrets, or vice versa. Comments must be received by the USPTO by September 7, 2021.

Law 52

Law Invention Patent Intellectual Property 52

LexBlog IP

SEPTEMBER 9, 2021

Clients often ask how much detail they need to provide when working with an attorney to draft a patent application for an invention that includes software. In the United States, applications related to software may face a subject matter eligibility rejection under 35 U.S.C. § 2020-2044, 2021 WL 3778395 (Fed.

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Inventor Patent Invention Technology 52

SpicyIP

APRIL 3, 2024

Where the impugned order from the patent office (dated March 18, 2021) ran for 12 pages, the grant order (dated March 05. see the relevant para from the order below) Excerpt from the Controller’s decision Brevity Thy Name is Indian Patent Prosecution? 2023) resolves the controversy merely in 5 lines.

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Patent Art Invention Patent Prosecution 45

SpicyIP

JULY 22, 2023

February and August 2021 : Responsible AI: Approach Document for India (NITI Aayog) Coming back to NITI Aayog, after the 2018 discussion paper, the organization came up with “ Responsible AI: Approach Document for India (Part 1: Principles for Responsible AI).” IP finds mention under Innovation and Commercialisation.

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IP Intellectual Property Reporting Government 98

SpicyIP

OCTOBER 19, 2023

One pertinent post on this subject was from this month in 2010 called the Patent Eligibility and the Logic of Law and Science. Basheer endorsed the point about testing patent agents on foundational legal subjects since a good part of patent prosecution will involve “legal” aspects, without requiring them to have a law degree to take the exam.

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Patent Prosecution Reporting Blogging Patent 45

SpicyIP

JANUARY 18, 2023

That is to say, ‘applicants’ are interested stakeholders here, and focusing on issues faced by applicants alone, just one of the many stakeholders, does not equate to understanding the patent oppositions mechanism as a whole. The monograph has 2 major sections: Comparative analysis of patent systems across jurisdictions.

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Patent Application Reporting Public Domain Patent 141

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. to 2,083) and India (up 16.5%

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Patent Patent Application Publishing Patent Prosecution 119

IPilogue

JANUARY 14, 2022

2021 was an exciting year for the IPilogue. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Top 10 Most Read IPilogue Articles Published in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. David Vaver. CCM Hockey). .

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IP Copyright Infringement Inventor Intellectual Property 105

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Patent prosecution, portfolio, and strategic patenting considerations. Patents have contributed significantly to the advances in science and technology that make lithium-ion batteries more affordable and efficient today. The costs of obtaining and maintaining a global patent portfolio can quickly add up.

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Intellectual Property Litigation Patent Prosecution IP 52

Canadian Intellectual Property Blog

FEBRUARY 16, 2021

2021 FCA 7 Section 53.1 of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. of the Patent Act is still unclear. CanMar Foods Ltd. TA Foods Ltd.

Patent Prosecution 52

Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

IPilogue

FEBRUARY 7, 2022

Since the summer of 2020, the Canadian federal government has been looking for ways to decrease the needless delays and unwanted wait times present in the patent process under the Patent Rules. On July 3, 2021, the government proposed amendments , with excess claim fees sticking out to many legal professionals across the country.

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Patent Patent Prosecution Government Intellectual Property 105

SpicyIP

DECEMBER 27, 2021

Therefore, by granting the interim injunction in the present matter on the above rationale, the court has raised the bar for the defendants planning to resort to the plea of invalidity to oppose application of interim injunction, in future litigations. . The Drug and the patent. Background . Relying on Novartis v.

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Patent Art Patent Prosecution Litigation 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But patent holders must also beware of challenges from competitors and demands for interoperability from consumers. A comprehensive IP strategy must cover all bases – prosecution, enforcement, defense, and transactions. Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

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Intellectual Property Technology Journalism IP 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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IP Invention Patent Copyright 105