Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. — (2023) ( 21-757_k5g1 ). In other words, the specification must enable the full scope of the invention as defined by its claims.

Patent Law 120

Patent Law Law Patent Invention 120

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Juno’s patent covers the highly successful and valuable CAR-T gene therapy.

Patent Law 125

Patent Law Law Patent Invention 125

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

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

Patent 106

Patent Invention Patent Application Art 106

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.

Invention 64

Invention Patent Law Patent Law 64

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. July 10, 2023) zeroes in on the motivation-to-combine analysis. Medtronic has two patents that cover medical leads for nerve stimulation. ” The Federal Circuit’s recent decision in Axonics, Inc.

Invention 75

Invention Art Patent Patent Law 75

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law.

Law 60

Law Editing Patent Intellectual Property 60

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.

Patent 60

Patent Art Invention Patent Law 60

The IPKat

JUNE 10, 2024

Nonetheless, with limited avenues available for broad antibody inventions in the US, Chamberlain suggests that means-plus-function language is worth a shot. The written description requirement necessitates the invention to be adequately described in the specification. Furthermore, the question of enablement was not reviewed.

Invention 64

Invention Art Patent Law Law 64

The IP Law Blog

FEBRUARY 29, 2024

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. The applicant appealed to the Patent Trial and Appeal Board; the PTAB affirmed the examiner’s decision. section 101.

Patent 111

Patent Patent Application Invention Advertising 111

JD Supra Law

JANUARY 8, 2024

patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR). One of the many changes introduced into U.S.

Invention 64

Invention Patent Law Law Patent 64

Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. 6, 2023).

Patent 125

Patent Patent Prosecution Invention Inventor 125

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.

Invention 89

Invention Technology Patent Law 89

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

IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions. The USPTO issued a call for comments on AI inventorship in February 2023.

Invention 62

Invention Patent Law Patent Trademark 62

SpicyIP

JANUARY 13, 2023

We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. This edition of the competition is based on patents.

Law 98

Law Editing Registration Invention 98

The IP Law Blog

OCTOBER 12, 2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. 8/2/2023) 2023 U.S. Realtime owned several patents covering systems and methods for digital data compression. Realtime Data LLC v. Fortinet Inc. (

Patent 120

Patent Invention Law Patent Law 120

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)).

Invention 52

Invention Patent Application Art Patent 52

LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. In Incept v. Zenith Goldline Pharms.,

Patent Law 52

Patent Law Patent Law Art 52

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. This therefore concludes this fourth round of amendment to the PRC Patent Law.

Patent 52

Patent Invention Patent Law Designs 52

Patently-O

MAY 19, 2023

by Dennis Crouch As a member and supporter of the National Association of Patent Practitioners (NAPP), I am looking forward to the NAPP Annual Meeting and Conference scheduled for July 19-21 in Alexandria, Virginia at the USPTO Headquarters. My patent law update is Thursday morning. I hope to see you there!

Intellectual Property 67

Intellectual Property Patent Law Invention Art 67

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. People.ai’s patents are some of the latest casualties.

Patent 98

Patent Invention Business Patent Application 98

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.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

Patent 101

Patent Invention Art Inventor 101

The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? 59 (4) of the Patents Act, Botschaft , 11, 12).

Patent 133

Patent Patent Application Invention Intellectual Property 133

The IP Law Blog

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. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. 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.

Business 98

Business Inventor Patent Licensing 98

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). The dispute arose between HIP, Inc. (“HIP”)

Inventor 110

Inventor Invention Art Patent 110

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.

Law 52

Law Patent Settlement Inventor 52

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).

Designs 117

Designs Design Patent Invention 117

Patently-O

APRIL 26, 2024

594 (2023) and was struck by the Supreme Court’s statement that its 19th Century decision of Wood v. 1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” Background of the Invention Wood’s U.S. Sanofi , 598 U.S.

Invention 113

Invention Patent Art Law 113

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

The IPKat

JANUARY 7, 2024

The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will approach patent claim interpretation. The patent related to an electronic label for providing pricing information about a product to a consumer.

Patent 94

Patent Law Contracts Invention 94

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

Intellectual Property 52

Intellectual Property Patent Litigation IP 52

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. §

Patent 98

Patent Invention Reporting Technology 98

Patently-O

MAY 8, 2024

The petition presents three key questions for the Court’s consideration: Whether claims drawn to solving specific problems restricting the usefulness of an existing computer-network technology recite patent-eligible subject matter under 35 U.S.C. § Whether the challenged claims are patent eligible. 101 and Alice Corp. 208 (2014).

Patent 44

Patent Invention Technology Patent Law 44

IPilogue

MARCH 1, 2023

Madeleine Worndl, Lilian Esene, Jennifer Manley, Ibrahim Arif & Natalie Bravo are competitors on Osgoode’s 2023 Harold G. Fox Intellectual Property Moot Team and JD Candidates at Osgoode Hall Law School. This past weekend, students from Osgoode Hall Law School participated in the Harold G.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111