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Supreme Court Patent Law Outlook 2022

Patently-O

I have included a chart below, but should note that there is some debate around the edges about what constitutes a “patent decision.” Thus, it is entirely possible that the October 2022 term will come and go without any patent decisions. Using Claim Construction to Undermine Jury Decisions : Olaf Sööt Design, LLC v.

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Patent Law at the Supreme Court February 2022

Patently-O

And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. 2022)(forthcoming).

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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources

The IPKat

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Credit: “Delegates at the Opening of the WIPO Assemblies 2022” by Emmanuel Berrod is available via WIPO | OMPI on Flickr. Copyright: WIPO.

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IPKat Book of the Year Awards 2022 winners announced!

The IPKat

Thank you to readers who voted for the IPKat book of the year awards 2022! Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? We look forward to reading and reviewing more IP books in 2023!

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Federal Circuit asked to Decide whether US Patent Law Excludes Non-Human Inventors

Patently-O

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. .” ” This holding is simply inconsistent with the Patent Act’s plain language, Congressional intent, and the Constitution. by Dennis Crouch.

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E.D. Va. Affirms TTAB: Timberland Boot Design is Functional and Lacks Acquired Distinctiveness

The TTABlog

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness. December 8, 2022). Welch 2022. l:21CV681 (E.D.

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Ulm University v. Asst. Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office

SpicyIP

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. The above patent application was filed in 2011.

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