Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. On the patent side, the increase in the fees will be applicable to standard entity size. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

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Intellectual Property Law Blog

NOVEMBER 1, 2023

We will have to continue to wait on the other issues until later in 2024. Unfortunately, the EO does not provide answers to these questions. However, it does recognize that IP issues exist and mandates actions by various agencies to address these issues. We look forward to seeing the USPTO guidance to examiners early next year.

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SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. The patent office issued a first examination report in June 2019, (7 years later!)

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Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

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SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.] This is also indicated as his address in the Form 1.

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The IPKat

MAY 20, 2024

The next day, LES is holding the full-day LES100 Training Course, “Commercialising IP through the Power of Licensing”, which is the introductory course in the Licensing Executives Society’s Intellectual Asset Management Series and it is designed for those who are relatively new to licensing. To sign up, click here.

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LexBlog IP

SEPTEMBER 27, 2022

Last month, the High Court dismissed an appeal by gaming technology provider Aristocrat Technologies over whether computerised components in their electronic gaming machines ( EGMs ) which triggered a “feature game” constituted patentable subject matter. The patent. The judgment was split evenly between the six justices.

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LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A trial was scheduled to begin on January 29, 2024. last year is ongoing. § 101.

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“ Regulations ”) to align various patent practices with the changes made under the Patent Law.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech.

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IP Watchdog

JULY 18, 2024

On May 22, 2024, the National Institutes of Health Office of Science Policy issued a Request for Information on its Draft NIH Intramural Research Program Policy: Promoting Equity Through Access Planning (“NIH RFI”).

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IPilogue

APRIL 22, 2022

Patent 8,129,385 (“patent 385”). ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

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Patently-O

MAY 26, 2024

Biopiracy involves researchers or companies obtaining GR or TK, using it to develop commercial products like medicines, and obtaining patents without adequately compensating or getting permission from the original TK/GR holders. You can see a Sean Connery look-alike doing this in my image below.

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The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment.

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SpicyIP

JANUARY 1, 2024

Other Posts Microsoft Technology Licensing LLC V. The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Image from here Despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of CRIs, the DHC in Microsoft v.

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. International License. Copyright: WIPO. Photo: Emmanuel Berrod.

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Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. 2022-1954 (Fed.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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Patently-O

JUNE 24, 2024

marked an important change in inter partes review procedure, ensuring petitioners have an opportunity to respond patentee’s newly proposed arguments, with the hope of discouraging patent owners from holding-back (“sandbagging”) at the institution stage. June 21, 2024). Medtronic, Inc. Omni MedSci , No. 23-1034 (Fed.

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Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was successful litigation and licensing. Ficep Corp. 208 (2014).

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

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The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. 10x Genomics alleged that NanoString's commercial molecular imaging devices and detection probes directly and indirectly infringed the patent.

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LexBlog IP

NOVEMBER 1, 2023

We will have to continue to wait on the other issues until later in 2024. Unfortunately, the EO does not provide answers to these questions. However, it does recognize that IP issues exist and mandates actions by various agencies to address these issues. We look forward to seeing the USPTO guidance to examiners early next year.

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The IPKat

APRIL 14, 2024

Contreras evaluates "Genetic patents and the Sustainable Development Goals." The chapter considers the fundamental tension between patents as an incentive for innovation, and as a barrier to access to patented products. Goal 15: Life on Land In Chapter 20, co-authors Daniel F.

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IIPRD

JUNE 9, 2024

When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. The Judicial POV There have been various representative cases that are widely known for utilizing third-party content about copyright without genuine permission or license.

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SpicyIP

JUNE 29, 2024

It is also very relevant to keep in mind that Roche’s patent on Trastuzumab expired in 2013, leading to concerns from some quarters (read more about it here , here , here , here , here and here ) that it is attempting to stifle competition through other means. The next date of hearing is scheduled for July 26, 2024. [H/T

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Patently-O

FEBRUARY 9, 2024

by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent under the Bayh-Dole Act. February 9, 2024). USF sued the government for infringement after a government contractor used the patented mice without authorization.

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SpicyIP

MAY 6, 2024

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Anything we are missing out on?

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SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. The Controller of Patents. Anything we are missing out on?

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SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! The Controller on working examples is surely going to interest patent lawyers.

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IIPRD

MARCH 21, 2024

IPRs are a set of statutory rights protected under the Indian Copyrights Act of 1957, the Patents Act of 1970, the Trademarks Act of 1999, trade secrets, or sui generis protection. Articles 40 and 30 of the TRIPS Agreement address limited exceptions to patent rights and anti-competitive activities in contractual licensing, respectively.

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The IPKat

FEBRUARY 20, 2024

If last week passed too quickly to follow all the IP updates , not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology. Anna Maria Stein updated readers on the USPTO's new Inventorship Guidance for AI-Assisted Inventions.

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43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. Kitchen Cube filed a patent application for the Cube.

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