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

SpicyIP

APRIL 10, 2024

Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

Patent 45

Patent Cease and Desist Invention Art 45

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. 2023) resolves the controversy merely in 5 lines.

Patent 45

Patent Art Invention Patent Prosecution 45

LexBlog IP

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 52

Business Inventor Patent Licensing 52

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.

Copying 92

Copying Patent Prosecution Invention Art 92

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).

Art 80

Art Invention Patent Prosecution Patent 80

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

Patent 105

Patent Art Patent Prosecution Litigation 105

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). Section F-IV, 4.3

Invention 98

Invention Patent Application Patent Prosecution Patent 98

Selvam & Selvam Blog

AUGUST 11, 2023

In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. Indeed, this case is not an isolated one – IP practitioners/owners have long been at a tussle with the Registry of Trademarks and the Controller General of Patents. In April this year, the Delhi HC in Blackberry Ltd v. In Immunovative Therapies, Ltd V.

IP 52

IP Intellectual Property Due Diligence Trademark 52

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step. features, images, text) are represented as vectors and compared.

Journalism 60

Journalism Invention Art Patent 60

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 62

Publishing Trademark Patent Law 62

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

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

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. It is not clear what this refers to though.

IP 98

IP Intellectual Property Reporting Government 98

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. As Sandeep K.

Patent Prosecution 69

Patent Prosecution Patent Patent Application Intellectual Property 69

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.

Patent 98

Patent Invention Patent Prosecution Patent Application 98

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.

Patent 97

Patent Patent Prosecution Patent Law Marketing 97

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. link] Topics : The USPTO invites written responses to the following questions and requests.

Patent 93

Patent Invention Patent Prosecution Art 93

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Read this post by Praharsh and Swaraj to find out more.

IP 59

IP Trademark Advertising Advertising 59

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.

Patent 52

Patent Patent Application Inventor Intellectual Property 52

Patently-O

MAY 15, 2024

This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. See, Dennis Crouch, USPTO Fees: Targeted Higher Fees to Push for Compact , Patently-O (Apr.

Art 44

Art Intellectual Property Designs Design 44

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. Patent Nos. But the prosecution history did not compare pH 13 with values in between 12 and 13. Mylan Pharmaceuticals Inc., 2022-1889 (Fed. Actelion’s U.S.

Patent Application 67

Patent Application Patent Prosecution Patent Inventor 67

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Senators sent a letter to the USPTO to consider changes to its regulations and practices to address “patent thickets.”

Invention 52

Invention Patent Prosecution Art Patent 52