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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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

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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).

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Designs Design Patent Invention 94

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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The IPKat

JANUARY 22, 2023

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! Thank you to readers who voted for the IPKat book of the year awards 2022!

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The IPKat

AUGUST 13, 2024

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. Further reading Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) (July 2022) Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. Brave new world Alternatively, AI could be thought of as akin to a natural phenomena, from which isolating a chemical or structure may be considered an invention. Comments are due by 29 June 2024.

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

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The IPKat

AUGUST 4, 2024

Updated Guidance for AI inventions: Step 2A, Prong 1 Prong 1 of Step 2A asks whether the claim in question is directed to "a judicial exception". The Guidance first notes that claims to AI inventions will often involve "abstract ideas" such as mathematical concepts, methods of organising human activity or mental processes.

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The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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The IPKat

JULY 23, 2024

Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell. The latest volume provides a comprehensive look at the significant updates in UK patent law since the last edition in 2020.

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IPilogue

SEPTEMBER 15, 2022

We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

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SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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The IPKat

MAY 31, 2023

The decision in Amgen v Sanofi thus does not change the status quo whereby achieving functional claim language for antibody inventions represents a significant challenge in the US. Enablement and Written Description In US patent law, there are two distinct sufficiency requirements: enablement and written description.

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Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. Functional claiming is a constant lure for patent drafters. For example, in Amgen v.

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IP.com

JUNE 27, 2024

It turns out AI has incredible potential to serve as a primary guardian of patents. A Decade of Decline in Patent Litigation Patent litigation has been declining in the United States, with the number of new patent lawsuits in 2023 dropping 24% from 2022. And this is just the tip of the iceberg.

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Intellectual Property Patent Litigation IP 52

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

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The IP Law Blog

JANUARY 26, 2023

19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds. Patentability under 35 U.S.C. §

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Patently-O

FEBRUARY 13, 2023

Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. 23, 2023). 3d 659 (Fed.

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IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. However, the breadth of that ability has been the subject of debate and legal action. One statute, 35 U.S.C. § Apple Inc. Vidal , 63 F.4th

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. 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. What do you think?

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Patent Law Law Patent Patent Application 76

IIPRD

FEBRUARY 16, 2024

Formula One can be perceived as an epicentre of inventions and innovations, making intellectual property indispensable in the sport. Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. Therefore, trade secrets are more valuable than patenting in Formula One.

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Intellectual Property Technology Confidentiality Journalism 59

Patently-O

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit recently affirmed a finding by Western District of Texas Judge Alan Albright that certain claims in two patents owned by WSOU Investments LLC were invalid as indefinite under 35 U.S.C. ‘681 patent, claim 1 (simplified). Google LLC , Nos. 22-1066, -1067 (Fed.

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The IP Law Blog

APRIL 27, 2023

The IPR procedure was established by the America Invents Act. In attempting to address this situation, in 2019 and 2020, the Director designated two PTAB decisions as precedential. If these requirements are met, the PTAB has the discretion to grant the petition (i.e., to institute an IPR) or deny the petition. In Apple v.

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Patent Litigation Patent Infringement Invention 98

Patently-O

APRIL 16, 2024

M]erely describing the design of an experiment in a ClinicalTrial.Gov disclosure tells a POSA nothing about the obviousness of the study’s eventual result. The Court has recognized that a clinical study itself is a protected experimental use of the invention. 2023 WL 3335538 (Fed. Teva Pharms.

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Art Patent Journalism Publishing 75

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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SpicyIP

MARCH 11, 2024

The decision highlighted the Controller’s duty to consider existing knowledge and the inventive step properly. Mukesh Kumar Vidyarthi vs Controller Of Patents New Delhi & Anr on 1 March, 2024 (Delhi High Court) The appeal challenges the rejection of a patent application for “Charge Recirculation Air Intake Main Ford (CRAIM).”

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LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Registering copyrights with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

Patently-O

JULY 6, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School LKQ Corp. 2023) ( docket ). As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. Design patents cover different things (ornamental designs as opposed to useful inventions).

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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 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. The case itself involves design patents covering GM parts, such as front fenders. Teleflex Inc.,

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Design Patent Designs Design Patent 62

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. The GPAI Summit 2023 is scheduled to be held in December in New Delhi.

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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. 1783 (2023). Thaler concerns two patent applications (GB1816909.4

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Patently-O

AUGUST 23, 2023

1:19-cv-02181-CFC, 2023 WL 2498810 (D. 14, 2023) (U.S. Patent Nos. The doctrine is justified on the basis that language has inherent limitations in capturing the true scope of an invention, so equivalents help protect the inventor and promote innovation. Steuben Foods, Inc. Shibuya Hoppmann Corp. ,

Patent Law 52

Patent Law Law Patent Invention 52

LexBlog IP

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.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Patently-O

FEBRUARY 13, 2024

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. C 20-06754 WHA, 2023 WL 6542320 (N.D. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict.

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