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Patent and Trademark Office (USPTO) today released an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally, as the reach of AI impacts all aspects of innovation and society.
PatentApplication No. 18/140,658, entitled “Interacting with a Language Model using External Knowledge and Feedback,” in April 2023. The application published on October 31, 2024, and became available for public inspection. It filed U.S. By: Robinson+Cole Data Privacy + Security Insider
The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. The looming threat is the pending patentapplications by Gilead in India.
In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.
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. In fact, numbers from US-applicants increased over the past year.
The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.
The Controller had rejected a patentapplication by Arcturus Therapeutics for the applicants inability to file its second written submission on time. Also, what does this tell about the quality of patent grant/ rejection orders? Her previous posts can be accessed here.
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.
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 April 18, 2023, we submitted a Supreme Court amicus brief expressing our encouragement for the justices to rule on the question of whether it is proper for an artificial intelligence (AI) to be an inventor on a patentapplication. By: McDonnell Boehnen Hulbert & Berghoff LLP
This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § patent system from a first-to-invent system to a first-to-file system.
Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. 72 lakhs for children (12 bottles) and Rs 1.86
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.
The updated EPO Guidelines for Examination will enter into force on 1 March 2023. The main updates this year are those taking account of the new sequence listing standard, the imminent arrival of the Unified Patent Court and the new Rule 56a EPC on erroneously filed parts. A draft version of the Guidelines can be previewed here.
OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. 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.
Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board decision that affirmed a rejection of claims in the subject patentapplication.
Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form.
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
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? Smoke Free World. "
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.
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’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.
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.
On March 6, 2023, the U.S. Patent and Trademark Office (USPTO) announced the addition of a new category for its Patents for Humanity Awards Program: Green Energy. patent or patentapplication directed to green energy technologies, such as wind, solar, green hydrogen, hydropower, geothermal, and biofuel technologies.
Case Summaries Gilead Sciences Inc vs Union Of India on 19 December, 2024 (Madras High Court) Image from here The writ petition pertains to a patentapplication filed by the petitioner, which was contested by the 4 th respondent through a post-grant opposition. Macleods Pharmaceuticals Ltd vs The Controller Of Patents & Anr.
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. §
On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patentapplications in the United Kingdom. By: Locke Lord LLP
As predictions of an economic recession in the United States loom, 2023 has started with extensive layoffs throughout the tech industry. Though not to an equal degree, the biotechnology, pharmaceutical, and life science industries have not been excluded from employment cuts.
2023-2346 (Fed. affirmed the Patent Trial and Appeal Boards ruling that a published patentapplication can be deemed prior art in an IPR as of the applications filing date.Op. On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. Samsung Electronics Co., By: WilmerHale
In recent times, the Indian Intellectual Property Office has taken a mission for speedy disposal of all the intellectual property applications and completion of registration procedures. In the way, an application was filed on 13/07/2022 for obtaining the patent protection for an Indian Applicant.
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. CD47 is a cancer antigen expressed on cell surfaces with a monomeric immunoglobulin-like structure.
In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.”
by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3. What do you think?
"This application claims priority to [properly identified earlier-filed application, the disclosure of which is expressly incorporated herein in its entirety" is a phrase commonly found in patents and patentapplications as an attempt to bolster disclosure without burdening the specification unnecessarily.
Patent and Trademark Office announced that it will start issuing patents electronically under a new digital USPTO seal and bearing the digital signature of the USPTO Director beginning on Tuesday, April 18, 2023. 12560) last week, the U.S. By: McDonnell Boehnen Hulbert & Berghoff LLP
PatKat reviewing the year It is time once more for the IPKat patent year in review! At the very least, LLMs have substantially lessened the burden of sourcing cat-themed patent blog illustrations. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patentapplication.
The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery
US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. The decision may further help elucidate to the confused US attorney why their European colleagues continue to fill patent drafts with so-called US "patent profanities".
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. Rosemount Inc. Satheesh Madhav and Anr.
Patent Center is slated to fully replace the legacy EFS-Web system and Private PatentApplication Information Retrieval (Private PAIR) tool on November 8, 2023. The USPTO continues to host virtual training events to help users transition to the new tool. By: WilmerHale
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.
How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?
The Old Days: Paper Patent Certificates It was only a matter of time. For those who prefer having physical originals, say goodbye to paper patent certificates. I remember, for example, when the original patent certificate was required in filing a reissue application. How will the electronic grant of patents work?
UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin. The Muller patents disclose ratios of rotigotine to PVP ranging from 9:1.5 In 2014, UCB sued Actavis for infringement of the Muller patents.
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