LexBlog IP

OCTOBER 18, 2023

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. Design patent filings in the U.S.

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LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

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IP Intelligence

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year ( see [link] ), the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 4] Based on U.S.

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SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

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The IPKat

APRIL 2, 2024

Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado. Over to Ada : "Before the starters, the chefs served hors d'oeuvres consisting of some outcomes from 2023.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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Intellectual Property Law Blog

OCTOBER 24, 2023

While PTE is designed to effectively extend the overall patent term for a single invention due to regulatory delays in product approval, PTA is designed to extend the term of a particular patent due to delays in the processing of that patent.

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Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? The case under scrutiny is LKQ Corp.

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Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. Lisa did not otherwise significantly contribute to the conception of the invention. By November 2019, EL was satisfied with the design. EL notified the patent office of his prototype activities and that he told his daughter about the invention.

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? This is the question that has percolated through the London patent ranks following the recent Court of Appeal decision in Comptroller - General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825.

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Patently-O

JULY 6, 2023

2023) ( docket ). As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.”

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Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. The heist in granting patents should not undermine the objective for allowing private parties state protection over their inventions.

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Patently-O

JULY 17, 2024

As if on cue, the Office has released a new set of updated guidelines – focusing on Artificial Intelligence related inventions and including three new examples. The USPTO continues to be open to issuing patents on AI inventions, including the use of AI. However, there must be a technical solution to a technical problem.

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Patently-O

FEBRUARY 20, 2023

Ask whether the claimed invention is directed toward a categorical exclusion. If yes, ask whether the claimed invention includes something more, such as an inventive concept that transforms the abstract idea into a patent eligible invention. 2023) , highlights the current state of the law. Prometheus , 566 U.S.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Selvam & Selvam Blog

NOVEMBER 21, 2024

and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. 119 of 2023 Court: Madras High Court Judge: Hon’ble Mr. Justice Abdul Quddhose

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SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications.

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The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

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JD Supra Law

FEBRUARY 7, 2023

USPTO News - On January 18, the USPTO announced the launch of the IP Identifier tool, which is designed to enable users who are less familiar with intellectual property to identify whether they have adequate protections to support their business, invention, or brand. By: WilmerHale

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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Patently-O

JUNE 24, 2024

by Dennis Crouch The Federal Circuit’s 2023 decision in Axonics, Inc. Albright sitting by designation. = = = In his first appellate opinion, Judge Alan D. Albright of the Western District of Texas (sitting by designation at the Federal Circuit) authored the appellate court’s recent unanimous decision in Apple v.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Federal Circuit’s 2023 Decision. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. 23-1052 (U.S. 3d 665 (Fed.

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The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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SpicyIP

JULY 31, 2023

The last date to apply is August 05, 2023. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant. The suit design was a “Handi” shaped pressure cooker registered in favor of the plaintiff.

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JD Supra Law

NOVEMBER 30, 2023

In a precedential final written decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a provisional application’s disclosure to draw priority to that provisional for prior art purposes post America Invents Act (AIA). 10, 2023) (designated precedential Nov.

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SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Microsoft v.

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Patently-O

JUNE 22, 2023

by Dennis Crouch Senators Tillis and Coons have released their “Patent Eligibility Restoration Act of 2023” designed to overturn the Supreme Court case of Mayo and Alice Corp. The impact here is to return eligibility doctrine back to the mid 2000s when almost any useful advance was likely patent eligible. ” 2. .

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Further, patent specifications refers to patent specifications and design specifications. and ipr-patents@gov.in.

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SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.

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JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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Patently-O

NOVEMBER 29, 2023

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent. 101 as claiming only abstract ideas and no inventive concept. Realtime Data v.

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