Patently-O

MAY 19, 2024

1163 (2024). The article also examines how the characterization of intellectual property rights as “monopolies” has shaped legal doctrine, such as the Supreme Court’s reliance on the “public rights doctrine” to uphold adjudication of patent validity in administrative proceedings. Oil States Energy Servs.,

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Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

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The IPKat

JULY 3, 2024

in Germany First of all, some hot-off-the-press news: the German Federal Court of Justice (BGH) has just published its decision on AI inventorship, substantially concluding that a human contribution (not necessarily inventive) is invariably needed, even for AI-generated inventions. For further information and to register, click here.

Intellectual Property Law 64

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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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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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Invention Art Patent Law Law 64

The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. 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.

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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

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.

Patent 52

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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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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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Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). Core Optical Techs., Nokia Corp. , 23-1001 (Fed.

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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. 11, 2023 (claiming that various products were “patented”). patent law.

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False Advertising Advertising Advertising Patent 57

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

MAY 8, 2024

The petition presents three key questions for the Court’s consideration: Whether claims drawn to solving specific problems restricting the usefulness of an existing computer-network technology recite patent-eligible subject matter under 35 U.S.C. § Whether the challenged claims are patent eligible. May 1, 2024).

Patent 44

Patent Invention Technology Patent Law 44

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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Patent Patent Application Government Reporting 52

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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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

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Art Invention Patent Application Publishing 109

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.

Patent 62

Patent Invention Designs Design 62

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. Compare D.L.

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Patently-O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (OTDP).

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Patent Invention Art Patent Law 44

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

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). As a result, the patents had staggered expiration dates. Vidal , No. __ (U.S. Cellect Cert.

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Invention Inventor Public Domain Patent 48

The IPKat

DECEMBER 23, 2023

If you've been too wrapped up with preparations for the holiday season , here's a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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Intellectual Property IP Copyright Law Invention 64

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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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

MAY 30, 2024

2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP). May 28, 2024). 4th 1216 (Fed. 23-1231 (U.S.

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Patent Intellectual Property Law Intellectual Property Law 40

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

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

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.

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Patently-O

JULY 2, 2024

by Dennis Crouch This is just a first look at how overturning Chevron may impact patent practice. 261 (2016) provided the patent office with Chevron deference for its determinations regarding AIA trials, including issues such as its approach to claim construction. 2024), the Supreme Court overruled the Chevron U.S.A.

Law 48

Law Patent Patent Law Patent Application 48

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

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” The second panel (2024) includes the same judges except that Judge Newman was replaced by Judge Chen. patent laws. 2-28-2024_2277625.

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IP Intelligence

MAY 24, 2024

Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that patent’s validity after the patent has been issued. 20-CV-06128-EJD, 2024 WL 1382465, at *13 (N.D.

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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

JANUARY 7, 2024

The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will approach patent claim interpretation. Hanshow : Case background The case ( UPC-CFI-292/2023 ) heard by the Munich Local Division of the UPC, related to the alleged infringement of SES's patent EP 3883277 by Hanshow.

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Patent Law Contracts Invention 94

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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Journalism Invention Art Patent 60

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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