Patently-O

JULY 16, 2023

2023 ) Just in time for my early August floating trip down in the Ozarks, the Federal Circuit has affirmed the USPTO’s rejections of Float’N’Grill’s proposed reissue claims. The problem: the reissue claims omit an “essential element” of the original invention in violation of 35 U.S.C. 668 (1942).

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JD Supra Law

JULY 12, 2023

Establishing a prima facie case of obviousness based on a multiple prior art references generally requires that the references teach or suggest all claim elements and that one of ordinary skill in the art would be motivated to combine the references to achieve the invention as claimed.

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SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents.

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The IP Law Blog

MARCH 30, 2023

This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system. Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023.

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SpicyIP

DECEMBER 13, 2023

Patent Prosecution refers to the process whereby an applicant files an application before the Patent Office for the grant of a patent. This process necessarily consists of several steps to ensure that only ‘patentable’ inventions are granted protection.

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Patent Prosecution Patent Patent Application Intellectual Property 69

Patently-O

FEBRUARY 10, 2023

2023) This case is still pending before the Federal Circuit, but I found it interesting enough for a preview. United Cannabis holds a broad marijuana patent – US9730911 – with claims directed to a liquid cannabinoid having 95% of either THC or CBD. United Cannabis Corporation v. Pure Hemp Collective Inc. 22-01363 (Fed.

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Copying Patent Prosecution Invention Art 94

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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SpicyIP

JULY 31, 2023

Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. As a part of the patent bargain, an inventor must describe the invention and disclose the best method to perform it. MSN Laboratories Pvt.

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The IPKat

FEBRUARY 7, 2022

Draft version The requirement to amend the description of a European patent application in line with the scope of the claims is a peculiarity of European patent prosecution. Perhaps this will persuade the EPO to rethink their approach in time for 2023? emphasis added).

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Invention Patent Application Patent Prosecution Patent 98

Patently-O

JANUARY 21, 2023

Feb 1, 2023, is the new deadline for providing comments to the USPTO on this RFC. Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching. adopt a unity of invention requirement in place of the restriction requirement?

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SpicyIP

JANUARY 18, 2023

That is to say, ‘applicants’ are interested stakeholders here, and focusing on issues faced by applicants alone, just one of the many stakeholders, does not equate to understanding the patent oppositions mechanism as a whole. Assistant Controller of Patents on 12/Jan/2023 (after the release of the Monograph).

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Patently-O

JANUARY 23, 2024

Vanda Pharmaceuticals recently filed a petition for writ of certiorari , asking the Supreme Court to review a May 2023 decision by the Federal Circuit that invalidated claims from four Vanda patents covering methods of treating Non-24-Hour Sleep-Wake Disorder (“Non-24”) using the drug tasimelteon (Hetlioz).

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Art Invention Patent Prosecution Patent 81

LexBlog IP

MARCH 30, 2023

This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system. Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. had a gross income.

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Business Inventor Patent Licensing 52

SpicyIP

APRIL 3, 2024

Where the impugned order from the patent office (dated March 18, 2021) ran for 12 pages, the grant order (dated March 05. 2023) resolves the controversy merely in 5 lines. The impugned order also failed to consider the patent granted to the subject invention in different jurisdiction.

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SpicyIP

DECEMBER 27, 2021

The international filing date of the patent application for EO is May 21, 2003 and the proprietary right over EO was granted to GlaxoSmithKline LLC in 2009. Therefore, the patent will remain active till May 21, 2023, by the virtue of Section 53 (1) of the Patent Act. The EO patent bears the number IN 233161 (IN 161).

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SpicyIP

APRIL 10, 2024

DHC Rejects Natco’s Request to Vacate Ceritinib Interim Injunction In a detailed order passed on January 9, 2023, the Delhi High Court had granted an interim injunction to Novartis against Natco, restricting the latter from manufacturing and selling its generic version of Ceritinib, a drug used in treating lung cancer.

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Patently-O

NOVEMBER 6, 2023

6, 2023) [ decision ] The Federal Circuit’s bread-and-butter over the years has been claim constructions that often surprise or confuse district court judges. But the prosecution history did not compare pH 13 with values in between 12 and 13. by Dennis Crouch Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc.,

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SpicyIP

DECEMBER 17, 2023

Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines. M/S Loreal S.A

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Selvam & Selvam Blog

AUGUST 11, 2023

In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. The Need for Transparency: The patent prosecution procedure is one that is intricate and drawn out, requiring several rounds of back-and-forth filings and clarifications. Thus, they hold immeasurable public value.

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IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

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IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

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Publishing Trademark Patent Law 52

IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

Publishing 52

Publishing Trademark Patent Law 52

IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

Publishing 52

Publishing Trademark Patent Law 52

SpicyIP

JULY 22, 2023

Global Partnership on AI (GPAI) The recent joint statement (June 2023) from India and the United States mentions that both countries have committed to develop joint as well as international collaboration on AI. The GPAI Summit 2023 is scheduled to be held in December in New Delhi.

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LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates. Natco Pharma Ltd. ,

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Patently-O

MAY 15, 2024

In my view, the proposed fee increases for continuation applications, RCEs, and excess claims suggest the USPTO is using financial incentives to shape applicant behavior and encourage more compact and focused patent prosecution. This aims to deter competition barriers from multiple patents on obvious variants of an invention.

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LexBlog IP

OCTOBER 25, 2022

Senators: Terminal disclaimers, allowed under 37 CFR 1.321(d), allow applicants to receive patents that are obvious variations of each other as long as the expiration dates match. Currently, patents tied together with a terminal disclaimer after an obviousness-type double patent rejection must be separately challenged on validity grounds.

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SpicyIP

DECEMBER 31, 2024

Lava gave a mammoth 476 page judgement while dealing with issues related to novelty, inventive step, Section 3(k) and FRAND. Maharaja decision of 2023 (which the Court relied on in the present case to justify the damages) that damages are to be calculated on reasonable/ fair basis. The judgement was passed by Justice Rajbir Sehrawat.

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