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In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Case details: Plant-based fuel cells The dispute in UPC_CFI_239/2023 concerned EP2137782 , owned by Plant-e Knowledge B.V.
. § 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.
Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.
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 patentapplication as filed and common general knowledge.
The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.
The looming threat is the pending patentapplications by Gilead in India. A Look at the Pre-Grant Oppositions Gilead has multiple patentapplications for Lenacapavir in India, including those seeking patents on its choline and sodium salts. and the oppositions raised against these applications.
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.
The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime. years in 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?
by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the fourth consecutive year of decline in the number of issued patents. So this data is more of a backwards-looking snapshot.
2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National PatentApplication Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National PatentApplication Drafting Competition ! About the National PatentApplication Drafting Competition.
On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. §
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.
The Controller had rejected a patentapplication by Arcturus Therapeutics for the applicants inability to file its second written submission on time. ” The Patent Office refused the application solely on procedural grounds, citing a delay in filing additional written submissions.
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? G 2/21 is therefore open to a certain degree of interpretation.
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.
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. Invalidity in view of added matter is a common patent pitfall in Europe ( IPKat ). Final thoughts: Added matter versus patent profanity?
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.
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?
Patent and Trademark Office to reject patentapplications 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.
In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patentapplications for business methods, which include financial technology (fintech) inventions. By: ArentFox Schiff
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.
The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed PatentApplication No. But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting.
Combining Multiple Inventions in an Single PatentApplication @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patentapplication worth the cost savings?
PatentApplication 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. Rea , 762 F.3d 3d 1346 (Fed.
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. The Board of Appeal in T 0116/18 equated this test with that of whether the technical effect is "embodied" by the technical teaching of the application as filed.
Section 100 empowers the central government to use, or authorise to use, an invention (application or grant) for the purposes of the government, on a non-commercial basis. Importantly, this is not a provision that requires abuse of patent by the patentee. However, no details are present in the public domain.
In 2014, UCB sued Actavis for infringement of the Muller patents. UCB prevailed in the lawsuit, and was awarded an injunction against Actavis until March 2021, when one of the Muller patents expires. In 2018, UCB filed a new patentapplication (the “’589 patent”, priority date 2009) covering a reformulation of Neupro.
The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. 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.
2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. Patent 7,736,355 (“Itou”) could be regarded as prior art. Under this regulation, a third party’s US or PCT patentapplication becomes prior art once published.
March 10, 2023) In a PTAB decision that was recently designated precedential, the Board made two important decisions concerning provisional patentapplications. Critically, the Board held that the America Invents Act (AIA) brought forth a change in how provisional patentapplications are considered in the prior art analysis.
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. Grupo Petrotemex v.
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. 12/20/2023) 2023 U.S. These categories are referred to as “patent-eligible subject matter.” In In re Elbaum (Fed.
The ever-present question for IP in certain technical fields is how much data is needed to support a patentapplication. However, in some cases, the amount of data needed to overcome this doubt to support a patentapplication may still be surprisingly minimal. 34) ( Cf.
Within hours after the meeting, Berardi built his own prototype and three months later filed a patentapplication, which was granted as one of the six patents. The other five patents involve subject matter related to the first patent. Tristar counterclaimed to correct the inventorship of the six patents.
Lisa did not otherwise significantly contribute to the conception of the invention. Before filing the application, EL tried out several prototypes on the city streets and ski-slopes before settling upon a preferred approach. After talking again with Jane, EL decided to patent the device. Question 3. What do you think?
Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patentapplication rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more on this!
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year.
We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 24-28, 2023. The last date to apply for the workshop is March 25, 2023.
Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patentapplication for “aerosol generating article with multi material susceptor.” Understanding Why the PatentApplication Went Up in Flames The patentapplication (no. Mitra And Co.
This is perhaps not surprising, given that patentapplications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. This year, eleven OpenAI patents and patentapplications have been published.
Striking the middle ground between satisfying the strict basis requirement in Europe and avoiding patent profanity in the US, renders the decision of when to file a patentapplication all the more critical. The selected subject matter could not therefore be said to have basis in the application as filed.
According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".
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