JD Supra Law

NOVEMBER 15, 2023

On October 26, 2023, the U.S. affirmed a pair of final written decisions at the Patent Trial and Appeal Board (PTAB) that invalidated challenged patent claims owned by Monterey Research (“Monterey”) covering an “improved Static Random Access Memory (SRAM) cell design and method of manufacture” for computer memory.

Patent Prosecution 69

Patent Prosecution Patent Designs Design 69

IP Watchdog

MARCH 23, 2023

The United States Patent and Trademark Office (USPTO) sent out an email alert on March 16, 2023 about its transition to eGrants for patents. This change to electronic patent grants as opposed to paper patents is in accord with the USPTO’s continued changes to an all-electronic and no paper system.

Patent Prosecution 72

Patent Prosecution Patent Trademark Inventor 72

SpicyIP

AUGUST 31, 2023

It is pertinent to note that the public notice comes only days after the publication of the draft Patent (Amendment) Rules, 2023 by the DPIIT which inter alia will revise the different timelines for patent prosecution. Lastly, the GI Manual, was last updated in 2011.

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IP Designs Design Patent Prosecution 110

IP Watchdog

NOVEMBER 7, 2024

Today, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report, providing a snapshot of IP filing activities across the globe during 2023.

Reporting 59

Reporting IP Intellectual Property Patent Application 59

IPilogue

AUGUST 25, 2022

Assisting with various steps in the patent prosecution process (i.e.: conducting prior art searches, reviewing patent specifications, etc.). Term: September 2022 – April 2023, with a possibility to continue on for the 2023 summer term. Performing freedom-to-operate and clearance searches. Conducting legal research.

IP 105

IP Patent Prosecution Intellectual Property Inventor 105

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.

Patent 126

Patent Patent Prosecution Invention Inventor 126

IPilogue

MARCH 21, 2023

The students’ work will be supervised by lawyers from Norton Rose Fulbright LLP, Bereskin & Parr LLP, and OWN Innovation and may include: Performing prior art searches Performing trademark searches Conducting legal research and drafting legal memos Possibly assisting with other steps in the patent prosecution process (i.e.

IP 59

IP Patent Prosecution Intellectual Property Inventor 59

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

JD Supra Law

JANUARY 5, 2024

On November 22, 2023, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) provided some rare insight into “the applicability and scope of the attorney-client privilege as it relates to patent counsel.” Judge Reznik explained that the attorney-client privilege belonged to the assignee and not the inventor.

Inventor 69

Inventor Patent Prosecution Patent 69

JD Supra Law

JULY 12, 2023

During patent prosecution, rebutting an examiner's motivation to combine is often considered to be more difficult than rebutting a contention that the references teach one or more specific claim elements.

Patent Prosecution 52

Patent Prosecution Art Invention Patent 52

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.

Patent Prosecution 69

Patent Prosecution Patent Patent Application Intellectual Property 69

JD Supra Law

JUNE 13, 2023

In an opinion issued on June 5, 2023, the Federal Circuit provided a useful framework for overcoming obviousness rejections during patent prosecution, where a proposed modification to a prior art reference renders it unsatisfactory for its intended purpose.

Art 66

Art Patent Prosecution Patent 66

IP Law 360

JANUARY 18, 2024

Actelon holding, along with three other 2023 decisions, underscores the continued need for patent litigators to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton. The Federal Circuit's recent Mylan v.

Patent Prosecution 40

Patent Prosecution Litigation Patent 40

LexBlog IP

DECEMBER 7, 2023

In an article published on December 7, 2023, Harness IP Principal Chris K. Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio. Summarized in five tips for in-house counsel, Miller looks at ways to maximize patent filings to save time and money.

Patent Prosecution 52

Patent Prosecution Intellectual Property Law Intellectual Property Patent 52

IPilogue

SEPTEMBER 15, 2022

We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

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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Registration Intellectual Property IP Patent Drafting 103

IP Watchdog

FEBRUARY 29, 2024

As an update to my previous posts from 2017, 2019, 2020, March 2021, August 2021, 2022, and 2023, it has now been almost a decade since the U.S. Supreme Court’s 2014 Alice Corp. CLS Bank decision.

Patent 59

Patent Patent Prosecution Business Technology 59

IPilogue

MARCH 21, 2023

The students’ work will be supervised by lawyers from Norton Rose Fulbright LLP, Bereskin & Parr LLP, and OWN Innovation and may include: Performing prior art searches Performing trademark searches Conducting legal research and drafting legal memos Possibly assisting with other steps in the patent prosecution process (i.e.

IP 40

IP Patent Prosecution Intellectual Property Inventor 40

The IPKat

AUGUST 13, 2024

OpenAI is pursuing speedy patent grant Fascinatingly, OpenAI is pursuing highly accelerated grant of its IP. A patent can only be enforced once it is granted. However, it can take 3 to 5 years of patent prosecution before national patent offices to achieve grant of a patent.

Patent 127

Patent Editing Inventor Patent Application 127

SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country.

Patent 98

Patent Patent Prosecution Patent Application Publishing 98

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.

Business 98

Business Inventor Patent Licensing 98

SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. course at NLSIU Bangalore.

Designs 59

Designs Design Law Intellectual Property 59

The IPKat

JANUARY 14, 2024

S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. 26, 2023), file wrapper estoppel in the US does not stop at the US file wrapper. In the US, the principle of file wrapper estoppel is well established. Additionally, as recently highlighted in K-fee v Nespresso (Case No.

Patent 122

Patent Art Patent Prosecution Patent Law 122

JD Supra Law

MARCH 23, 2023

On April 18, 2023 the United States Patent and Trademark Office (USPTO) will start issuing Electronic Patent Grants (eGrants). By: Amundsen Davis LLC

Patent Prosecution 52

Patent Prosecution Patent Patent Application Trademark 52

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 98

Patent Patent Prosecution Patent Law Marketing 98

IP Watchdog

JANUARY 9, 2024

Patent and Trademark Office (USPTO) published guidelines for examiners today on the topic of enablement in light of the Supreme Court’s May 2023 decision in Amgen v.

Publishing 114

Publishing Trademark Patent Patent Prosecution 114

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. by Dennis Crouch In re Float’N’Grill LLC , 2022-1438 ( Fed.

Patent 98

Patent Invention Patent Prosecution Patent Application 98

IP Watchdog

NOVEMBER 17, 2023

On November 16, innovation intelligence firm Patsnap published the results of its 2023 Global Innovation Report, which measures a range of patent metrics to determine the most innovative companies in the world. This year’s Global Innovation 100 listing represents about a quarter of the globe’s entire patent filing activity.

Reporting 105

Reporting Patent Publishing Technology 105

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 94

Copying Patent Prosecution Invention Art 94

LexBlog IP

APRIL 12, 2023

On March 8, 2023, China deposited an instrument for accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the “ Apostille Convention ”).

Patent Prosecution 52

Patent Prosecution Contracts IP Designs 52

Patently-O

JANUARY 4, 2024

HLG filed a motion to dismiss addressing UTL’s pre-suit willfulness allegations on August 23, 2023. a Minnesota federal court also concluded the law firm’s use of scientific journal articles in the patent prosecution process was fair based on the transformative nature of the use and lack of market harm.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

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).

Invention 98

Invention Patent Application Patent Prosecution Patent 98

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. MSN Laboratories Pvt. Ltd and an r. While the IPO guidelines do explain these claims in para 7.9,

Patent 98

Patent Invention Patent Prosecution Inventor 98

IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

Design Patent 78

Design Patent Designs Design Patent 78

Patently-O

JANUARY 23, 2023

2021-2275 on January 20, 2023, in a dispute involving an alleged pattern of inappropriate conduct during patent prosecution. In a split decision, the Federal Circuit ruled that the district court did not abuse its discretion in declaring a patent unenforceable based on prosecution laches.

Patent Prosecution 75

Patent Prosecution Patent Business Patent Infringement 75

IP Watchdog

AUGUST 20, 2024

As an update to my previous posts from 2017, 2019, 2020, March 2021, August 2021, 2022, 2023, and February 2024, the tenth anniversary of the U.S. Supreme Court’s Alice Corp. CLS Bank decision has just passed.

Patent 69

Patent Patent Prosecution Government Technology 69

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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Patent Application Reporting Public Domain Patent 141