The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

Invention 122

Invention Publishing Law Patent Application 122

The IPKat

FEBRUARY 21, 2025

The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. quoting UPC_CoA_335/2023 ).

Patent 59

Patent Invention Art Litigation 59

Intellectual Property Law Blog

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.

Invention 162

Invention Patent Application Inventor Government 162

The IPKat

MARCH 24, 2023

In order to understand whether a purported technical effect may be relied on for inventive step, the EBA concludes that the substantive question remains what would the skilled person understand from the application as filed? For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

Invention 131

Invention Publishing Patent Art 131

JD Supra Law

APRIL 11, 2023

Ironburg Inventions Ltd. April 3, 2023) In this week’s Case of the Week, the Federal Circuit provided new guidance in applying the estoppel provisions of 35 U.S.C. § Valve Corp., Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed.

Invention 114

Invention 114

Patently-O

DECEMBER 29, 2023

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. One of the biggest changes from 2022 to 2023 is that non-US patent applicants dropped from 51% of the total down to 48%. This marks the fourth consecutive year of decline in the number of issued patents.

Patent 109

Patent Inventor Patent Application Invention 109

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

Patent 105

Patent Invention Publishing Art 105

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.

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

Barry Sookman

DECEMBER 23, 2023

Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system. … The post Do generative AI inventions and works qualify for patents and copyrights?

Invention 113

Invention Copyright Patent Inventor 113

IIPRD

JANUARY 7, 2025

AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.

IP 98

IP Intellectual Property Invention Inventor 98

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. 2023-1336 (Fed. Sanho Corp. July 31, 2024).

Invention 111

Invention Inventor Art Public Use 111

IP Law 360

FEBRUARY 9, 2024

Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. in 2023, with the Eastern District of Texas overtaking it.

Litigation 97

Litigation Patent Invention 97

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 112

Invention Inventor Patent Law 112

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

Invention 98

Invention Art Patent Reporting 98

IP Close Up

JUNE 4, 2024

“The Best Inventions for 2023,” Time magazine’s revealing overview of patented breakthrough solutions to life’s challenges, illustrates the breadth of industries, technologies and businesses building Continue reading

Invention 68

Invention Technology Business Patent 68

The IPKat

MARCH 4, 2025

Legal Background: Open-ended ranges According to Article 83 EPC , European patents should "disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art." This test is applied to all types of invention, including those in the mechanical field ( IPKat ).

Invention 64

Invention Patent Law Art 64

The IPKat

JANUARY 19, 2025

In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step. The decision also provides some useful guidance on establishing inventive step for epitope claims.

Invention 75

Invention Patent Art Patent Application 75

JD Supra Law

MARCH 7, 2023

Be careful of showing your claimed inventions at tradeshows. On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc.

Public Use 97

Public Use Invention IP Patent 97

Intellectual Property Law Blog

MAY 22, 2023

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. This has been interpreted to require that the specification includes enough disclosure to enable any person skilled in the art to make and use the invention without “undue experimentation.” Sanofi, et al. ,

Invention 246

Invention Art Inventor Patent 246

The IPKat

OCTOBER 30, 2023

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. During proceedings, BAT submitted an amendment to the claims in an attempt to overcome invalidity for inventive step. PM argued that the amendment added matter.

Invention 116

Invention Patent Application Patent Drafting Patent 116

Intellectual Property Law Blog

JULY 26, 2023

Holding Mr. Howard is not a joint inventor because he has not made any significant contribution to the invention. Reasoning Mr. Howard is not a joint inventor because his alleged contribution was not significant when measured against the scope of the full invention. “[T]he

Inventor 130

Inventor Invention Art Patent 130

Intellectual Property Law Blog

OCTOBER 6, 2023

The challenged patents both teach a similar claimed invention that is “directed to a poll-based networking system that connects users based on similarities as determined through poll answering and provides real-time results to the users.” ’321 The challenged patents are related and both trace their priority date to U.S. 321 patent col.

Invention 147

Invention Art Patent Technology 147

JD Supra Law

NOVEMBER 14, 2024

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced an earlier version of the bill to the Senate in 2023. Kiley’s office, PERA is lauded as bipartisan legislation crafted to “restore patent eligibility to inventions across many fields.”. In a press release from Rep. By: Amundsen Davis LLC

Patent 62

Patent Invention 62

Intellectual Property Law Blog

JUNE 26, 2023

The Board determined that there was a motivation to combine and reasonable expectation of success in combining the prior art references to arrive at the claimed inventions but rejected Yita’s obviousness challenge because Appellee MacNeil’s secondary-considerations evidence was compelling and indicative of non-obviousness.

Art 130

Art Invention IP Patent 130

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.

IP 124

IP Copyright Trademark Intellectual Property 124

JD Supra Law

NOVEMBER 1, 2023

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. By: Seyfarth Shaw LLP

Invention 81

Invention Law 81

SpicyIP

SEPTEMBER 3, 2023

On August 9, 2023, the Delhi High Court issued the first ever “Dynamic+” Injunction order in Universal City Studios LLC and Ors v. DotMovies.Baby and Ors , protecting the future works of the plaintiffs from copyright infringement by flagrantly infringing online locations (FIOLs).

Invention 115

Invention Ownership Copyright Copyright Infringement 115

The IPKat

JULY 15, 2024

Since G 2/21 , Boards of Appeal have united on the interpretation that the evidence standard for inventive step (the "plausibility/credibility test") remains unchanged. In this case, the selexipag polymorph patent was opposed on the grounds of lack of inventive step.

Invention 117

Invention Patent Publishing Patent Application 117

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.

Invention 90

Invention Technology Law Patent 90

Intellectual Property Law Blog

AUGUST 1, 2023

Reasoning In affirming the Board’s conclusion that a motivation to combine existed to render the invention obvious, the Federal Circuit focused on the fact that both GABA-a agonists and ARBs were known to be useful in the treatment of hypertension. Rea , 762 F.3d 3d 1346 (Fed.

Art 130

Art Invention Patent Patent Application 130

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.

Invention 75

Invention Art Patent Law 75

JD Supra Law

OCTOBER 12, 2023

Most employee confidentiality and similar agreements contain an assignment of invention provision. These typically provide that all employee inventions created during the employee’s employment are assigned to or owned by the company.

Invention 70

Invention Law Confidentiality 70

SpicyIP

AUGUST 19, 2023

As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). The major amendments proposed to IP laws remain the same in the 2023 version. The objective of the JV Bill, 2023 is to promote ‘the ease of doing business in India’ through ‘minimum government, maximum governance’.

Business 98

Business Licensing Copyright Government 98

SpicyIP

JANUARY 13, 2023

The competition is from 24th March- 26th March 2023. The last date to register for the competition is January 20, 2023. For further details please read their announcement below – 10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]. Eligibility.

Law 98

Law Editing Registration Invention 98

JD Supra Law

JULY 28, 2023

Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA.

Technology 98

Technology Invention Patent Application Trademark 98

Intellectual Property Law Blog

JULY 31, 2023

If the prior art discloses a range overlapping a claimed range, the prior art only anticipates the claimed range if it describes the claimed range with sufficient specificity such that a reasonable fact finder could conclude that there is no reasonable difference in how the invention operates over the ranges. Ineos USA LLC v. Genentech, Inc.

Art 130

Art Invention Patent Patent Application 130

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.

Designs 147

Designs Design Patent Inventor 147