JD Supra Law

MARCH 29, 2024

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010. By: Sheppard Mullin Richter & Hampton LLP

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Patent Law Law Patent 68

JD Supra Law

JANUARY 3, 2024

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many amendments in the new Rules, and we have summarized the need-to-know points for your reference.

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Patent Law Law Patent 71

LexBlog IP

SEPTEMBER 6, 2023

Upcoming Changes in Korean Patent Law for 2024 by John DeStefano Understanding the 2024 Korean Patent Law Amendments As champions of innovation and protectors of intellectual property, it is vital for us to stay informed about the most recent developments in patent law worldwide.

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JD Supra Law

JANUARY 3, 2024

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many amendments in the new Rules, and we have summarized the need-to-know points for your reference.

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Patent Law Law Patent 73

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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JD Supra Law

JULY 1, 2024

On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress should consider codifying the experimental use exception through legislative action.

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The IPKat

AUGUST 13, 2024

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 patent applications 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. Who are OpenAI?

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IP Watchdog

JUNE 19, 2024

Patent law and practice in China commenced a significant adjustment at the outset of 2024. The revised Regulations and Guidelines became effective on January 20, 2024, and they were intended to make significant changes toward enhancing patent quality, increasing examination efficiency, and strengthening patent protection.

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Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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SpicyIP

NOVEMBER 11, 2024

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Read her analysis on the evolving intersection of copyright law and AI! This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

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JD Supra Law

MAY 21, 2024

May 14, 2024) The Federal Circuit’s only precedential opinion concerning a patent case this week had nothing to do with patent law. Copan Italia SPA v. Puritan Med. LLC, Appeal No. 2022-1943 (Fed.

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Patent Law Law Patent 63

Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. The Guidance begins with the premise that only natural persons can be named as inventors on U.S.

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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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JD Supra Law

APRIL 4, 2024

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines) were issued and came into force on January 20, 2024.

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Patent Law Law Patent 52

The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

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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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LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Improper Transfer: Transferring or acquiring patent application rights for improper purposes.

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Patent Law Law Intellectual Property Intellectual Property Law 52

SpicyIP

JULY 18, 2024

The Madras High Court, vide judgement dated 3 July 2024 in University of Ulm v. Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office.

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JD Supra Law

JUNE 26, 2024

769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in 2023)”) as of January 20, 2024. China’s state council issued State Council Degree No.

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Patent Law Patent Law 77

IP Watchdog

JUNE 18, 2024

Court of Appeals for the Federal Circuit continues to shape the patent law landscape each year with its precedential opinions. This year has been no exception, as the court issued a total of 30 precedential opinions on patent issues in the first five months of 2024.

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JD Supra Law

JULY 8, 2024

Originally published in Law360 on April 5, 2024. For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company.

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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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JD Supra Law

JUNE 25, 2024

Following similar decisions in other countries, a Japanese court held for the first time on May 16, 2024, that an inventor in the Patent Act is limited to a natural person and does not include an artificial intelligence ("AI") system. By: Jones Day

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Patently-O

JULY 11, 2024

The petition challenges the Federal Circuit’s application of the statutory limits on the Patent Trial and Appeal Board’s (PTAB) authority in inter partes review (IPR) proceedings. UTC owns the patent at issue, U.S. 10,716,793, which is directed to methods of treating pulmonary hypertension using treprostinil.

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The IPKat

JANUARY 14, 2024

S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Case background K-fee brought an infringement action against Nespresso for infringement of three patents in US patent family US 10858176. Neither the claim nor the description of the patent defined the term barcode.

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Intepat

OCTOBER 6, 2024

Patents , as a vital form of intellectual property (IP), safeguard these innovations, providing inventors and businesses exclusive rights to their inventions while promoting the dissemination of knowledge. As we move through 2024, several key patent trends are reshaping the future of innovation.

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The IPKat

AUGUST 21, 2024

The patent at issue in T 1259/22 , although relatively old (expiring August 2024 with SPCs), nonetheless highlights some of the key challenges for cell therapy IP strategy. Stem cell replacement therapy for cancer patients The patent in T 1259/22 ( EP2371361 ) related to a cell therapy treatment for cancer patients using plerixafor.

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SpicyIP

AUGUST 27, 2024

On July 5, 2024, Justice P.B. Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. 5364/CHENP/2010 had been granted Patent No. 5360/CHENP/2010). 5360/CHENP/2010). 285816 on 28.07.2017 (Para 11).

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The IPKat

AUGUST 12, 2024

What is a "plant" for the purposes of patent law? The answer depends: in the United States, for example, fungi and macroalgae are considered "plants" under the Plant Patent Act of 1930. The 'Heirloom' patent was granted on 29 June 2016. On May 3, 2024, Amycel filed an action with the Hague Local Division of the UPC.

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JD Supra Law

FEBRUARY 21, 2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar.

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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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JD Supra Law

FEBRUARY 26, 2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar.

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Licensing Litigation Patent Patent Law 63

JD Supra Law

AUGUST 21, 2024

Last year, the Federal Circuit surprised many observers of patent law in In re Cellect LLC, 81 F.4th Patent & Trademark Office decision cancelling an earlier filed patent for “obviousness-type” double patenting (“ODP”) over a series of later filed patents in the same family. 4th 1216, 1228–29 (Fed.

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JD Supra Law

NOVEMBER 14, 2023

Patent and Trademark Office (PTO) are constantly reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this dynamic, rapidly changing landscape. Whether you’re a novice or experienced patent litigator, By: Practising Law Institute (PLI)

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Litigation Patent Patent Law Trademark 63

JD Supra Law

SEPTEMBER 19, 2024

One of the anticipated consequences of the Supreme Court's Loper decision is that it will unleash judges to impose their statutory interpretations of administrative agencies' applications of the law within their areas of purported expertise. patent law; an example is the recent District Court decision.

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JD Supra Law

APRIL 15, 2024

the Federal Circuit reminds us that most verities in patent law are not eternal and frequently subject to case-by-case interpretation, in this case the purported verity being that reciting the indefinite article ("a") in a patent claim is construed to mean "one or more.". In its recent decision in Janssen Pharmaceuticals, Inc.

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Patent Law Law Patent 68

JD Supra Law

NOVEMBER 13, 2024

patent law becomes increasingly important. Originally published in IPWatchdog - October 31, 2024. As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. market, being the largest for medical technologies, presents both opportunities and challenges.

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