JD Supra Law

DECEMBER 5, 2023

March 10, 2023) In a PTAB decision that was recently designated precedential, the Board made two important decisions concerning provisional patent applications. Critically, the Board held that the America Invents Act (AIA) brought forth a change in how provisional patent applications are considered in the prior art analysis.

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Patent Application Invention Art Designs 61

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. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

Patent 52

Patent Invention Patent Application Designs 52

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. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

NOVEMBER 13, 2023

A recent Board of Appeal decision T 0273/22 related to a patent in the same family as that of the landmark UK Supreme Court decision Regeneron v Kymab. In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim.

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Invention Art Patent Law 70

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] In Thaler v.

Invention 52

Invention Inventor Patent Application Designs 52

Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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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. 3d 665 (Fed.

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Design Patent Art Designs Design 67

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]

Design Patent 52

Design Patent Designs Design Patent 52

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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Reporting Intellectual Property Patent Application Intellectual Property Law 137

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).

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Designs Design Patent Invention 117

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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Designs Design Art Invention 57

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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Invention Patent Law Patent Law 64

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc.

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Trademark Invention Patent Art 126

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine.

Patent Law 73

Patent Law Law Patent Art 73

The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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Designs Design Patent Patent Infringement 98

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). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

Patently-O

JULY 18, 2024

10,043,188 (‘188 patent) are ineligible for patent protection under 35 U.S.C. § The ‘188 patent is directed to “a web based software system for managing the process of performing pre-employment background investigations.” Regarding patent eligibility, the court applied the two-step Alice / Mayo framework.

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Patent Invention Technology Inventor 62

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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Patent Invention Art Designs 64

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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Inventor Patent Law Law Patent 74

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. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. On the guidelines regarding product by process patent.

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Patent Application Designs Design Invention 64

Patently-O

FEBRUARY 20, 2023

Constitution authorizes Congress to legislatively create a patent system. And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

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Invention Technology Patent Law 89

IP Watchdog

DECEMBER 6, 2023

In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. On November 15, 2023, U.S Rapidpulse, Inc.,

Art 52

Art Patent Invention Designs 52

SpicyIP

JANUARY 17, 2024

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. Suriya is a Patent Analyst from Salem Tamil Nadu.

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Patent Prosecution Patent Invention Copying 64

The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024.

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Patent Art Invention Patent Law 60

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.

Patent 51

Patent Invention Designs Design 51

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 62

Patent Application Inventor Patent Invention 62

SpicyIP

JANUARY 30, 2024

On August 2, 2023, the extremely problematic Jan Vishwas Act, 2023 was passed by the Parliament. Seemingly to further these amendments, the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 on January 3, 2024. His previous post can be accessed here. ]

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Patent Invention Blogging Government 111

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“ Regulations ”) to align various patent practices with the changes made under the Patent Law.

Patent 52

Patent Invention Patent Law Designs 52

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

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Patent Application Patent Patent Drafting Invention 81

IP.com

JUNE 27, 2024

Over the last 2 years AI has been a dominant subject of Intellectual Property, Patent, and Copyright media space, especially as resolutions to cases regarding critical copyright issues and AI inventorship abilities conclude and set new standards for how AI can be used. Patent litigation can be expensive, with the average cost estimated at $3.5

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Intellectual Property Patent Litigation IP 52

Olartemoure Blog

MARCH 1, 2024

However, we do know about the first self-propelled wheelchair that was invented in 1655 by Stephan Farfler in Nuremberg , a 22 year old paraplegic clock-maker who built it to aid his own mobility. Since then, there have been various technological and design advancements to improve the wheelchair. Mulhern and Stephen J. Antonishak.

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IP Inventor Intellectual Property Invention 105

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Trademarks The United States Patent and Trademark Office (USPTO), is also working on handling the influence of AI on trademarks and patents. AI isn’t perfect.

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Designs Design Trademark Copyright 52

LexBlog IP

MARCH 9, 2023

1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar.

Designs 52

Designs Design Patent Patent Infringement 52

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier , CGPDTM has invited comments from the interested stakeholders by October 15, 2023.

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Patent Application Invention Designs Design 69

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. 2022-1590, 2023 WL 5346043 (Fed. Ficep petition for certiorari.

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IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. The transfer is facilitated in India by the Indian Patent office. Horizontal transfer is from one organization to another.

Intellectual Property 101

Intellectual Property Technology Licensing Invention 101