SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Justice Singh, in an interview about her new book , commented on the “importance of patent law for the common man.”

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Patent Law Law Patent Intellectual Property 59

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.

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Patently-O

MAY 19, 2024

1163 (2024). Although the article is not patent focused, Stern’s arguments have significant implications for patent law by undermining a key justification for limiting the scope and strength of patent protection. Stern, Intellectual Property and the Myth of Nonrivalry , 99 Notre Dame L. 2d 887 (Fed.

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Patent Law Law Intellectual Property Patent 44

Patently-O

JULY 9, 2024

The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting, 89 Fed. patent rights will deter innovation. Lemley & Jason Reinecke, Our More-Than-Twenty-Year Patent Term , BERKELEY TECH.

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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 ). The amended Regulations came into effect on 20 January 2024. An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule.

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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.

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Law Editing Patent Intellectual Property 60

The IPKat

MAY 19, 2024

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. This issue will be very familiar to anyone working with method of treatment inventions.

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Patent Art Invention Patent Law 60

Patently-O

APRIL 26, 2024

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. This was a big case with Wood alleging that the defendants had made 100 million bricks and 100 million tiles using his patented process.

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Invention Patent Art Law 113

Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

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Patent Application Law Patent Prosecution Patent 95

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”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

APRIL 30, 2024

That claim requires too much follow-on research work and so does not sufficiently disclose the invention. Still, those will likely be unrecognized for their worth until some later date when a human truly invents but is blocked from patenting. Ben Hattenbach & Joshua Glucoft have an interesting 2015 article on point.

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Art Invention Patent Application Publishing 109

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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Intellectual Property IP Copyright Law Invention 64

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. patent system and proclaims its sophistication in its knowledge of U.S.

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Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Core Optical Techs., Nokia Corp. ,

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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’. plants, animals, and microorganisms), and knowledge systems.

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

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IP Intellectual Property Law Law Invention 64

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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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. According to the Patent Rules, there is a 48-month window to request an examination.

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Patent Application Inventor Patent Intellectual Property 64

Patently-O

MAY 8, 2024

Whether the challenged claims are patent eligible. May 1, 2024). The ‘507 patent, which has a priority date of October 1994, discloses and claims a method for disseminating interactive content via the World Wide Web. . §§ 102, 103, and 112. Petition for Writ of Certiorari, Eolas Techs. Amazon.com, Inc. , 23-1184 (U.S.

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Patently-O

MAY 20, 2024

May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB’s (PTAB) invalidation of Cellect’s four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). by Dennis Crouch In its new petition for certiorari in Cellect LLC v. Vidal , No. __ (U.S. ”)

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The IPKat

JUNE 2, 2024

The recent Board of Appeal case T 0209/22 is yet another decision demonstrating the relatively permissive approach in Europe to medical use inventions. The patent related to the medical use of a combination of known drugs. The patent did not include any patient data for the drug combination.

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Invention Art Patent Law 56

Patently-O

JUNE 24, 2024

June 21, 2024). The Board invalidated some claims of the ‘484 patent, but concluded some claims were “not proven unpatentable.” ” I have not been able to discern what that really means vis-a-vis the invention. Omni MedSci , No. 23-1034 (Fed.

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Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor. . – Jason Rantanen By: Margo A.

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Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

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Patent Invention Designs Design 62

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent.

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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). GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed.

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IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. 20-CV-06128-EJD, 2024 WL 1382465, at *13 (N.D. 31, 2024). Apple Inc. Vidal , No.

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Patently-O

APRIL 14, 2024

Cellect’s petition is now due May 20, 2024, and I expect significant support from the patent owner community. Patentees often receive PTA due to USPTO delays that otherwise eat into the 20-year patent term. This comes up in situations where a patentee has two patents that cover only slightly different inventions.

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Patently-O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. 2024), the Supreme Court overruled the Chevron U.S.A.

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Law Patent Patent Law Patent Application 48

Patently-O

FEBRUARY 29, 2024

The second panel (2024) includes the same judges except that Judge Newman was replaced by Judge Chen. And, even though the subject matter of the lawsuit is a patent license, that sort of case is ordinarily not seen as “arising under” the U.S. patent laws. In both cases Judge Stoll wrote the opinion.

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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”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 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.

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SpicyIP

JANUARY 31, 2024

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. The case will be heard in May 2024.

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Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. The Court has recognized that a clinical study itself is a protected experimental use of the invention.

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Patently-O

MAY 30, 2024

Cellect is now seeking certiorari, and the New York Intellectual Property Law Association (NYIPLA) has stepped in with an amicus brief supporting the petition, arguing that the case presents “questions of exceptional importance.” May 28, 2024). 23-1231 (U.S.

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Patently-O

MAY 15, 2024

In the details below, I highlight the due dates for comments, which all fall in May, June and July 2024. Public comments are invited until June 3, 2024. The fee changes appear to be a tool for the USPTO to achieve its goals of streamlining the patent process, beyond what could be accomplished through rule changes alone.

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