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.

Patent Law 73

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.

Patent Law 67

Patent Law Law Patent Invention 67

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.

Patent Law 75

Patent Law Law Patent 75

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.

Patent Law 65

Patent Law Law Patent 65

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.

Patent Law 54

Patent Law Law Patent 54

JD Supra Law

MAY 22, 2024

On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. By: Wolf, Greenfield & Sacks, P.C.

Design Patent 108

Design Patent Design Designs Patent Law 108

SpicyIP

MAY 4, 2024

The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Pic from here Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu By Shivam Kaushik A Division Bench (DB) of the Delhi High Court recently passed a judgment in Natco Pharma v.

Patent 100

Patent Invention Patent Law Law 100

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.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

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.”

Patent Law 59

Patent Law Law Patent Intellectual Property 59

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.

Patent 68

Patent Marketing Marketing Patent Law 68

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.

Patent Law 59

Patent Law Patent Law Litigation 59

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.

Patent Law 68

Patent Law Law Publishing Patent 68

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.

Patent Infringement 106

Patent Infringement Patent Patent Law Trademark 106

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

Inventor 65

Inventor Patent Law Patent Law 65

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.

Patent Law 61

Patent Law Law Patent Technology 61

Patently-O

OCTOBER 27, 2024

The case raises interesting and fundamental questions about the intersection of trade secrets and patent law in the context of plant breeding. Petitioner's Request for Director Review PGR2024-00020 To continue reading, become a Patently-O member. Continue reading this post on Patently-O. Inari Agriculture, Inc.

Patent 52

Patent Invention Patent Law Law 52

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.,

Patent Law 45

Patent Law Law Intellectual Property Patent 45

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.

Patent Law 70

Patent Law Law Patent 70

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.

Patent Law 79

Patent Law Patent Law 79

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?

Patent 124

Patent Editing Inventor Patent Application 124

Patently-O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Notably, the 2016 patent law case of Cuozzo v. Meanwhile, Justice Gorsuch’s 2024 Ohio v.

Law 53

Law Patent Litigation Patent Law 53

JD Supra Law

JULY 25, 2024

The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application. Originally published in Bloomberg Law - July 22, 2024. By: WilmerHale

Patent Application 62

Patent Application Art Patent Patent Law 62

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)

Litigation 65

Litigation Patent Patent Law Trademark 65

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.

Patent 65

Patent Patent Law Trademark Law 65

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.

Licensing 65

Licensing Litigation Patent Patent Law 65

Olartemoure Blog

JULY 26, 2024

Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings.

Invention 52

Invention Patent Intellectual Property Patent Application 52

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.

Licensing 65

Licensing Litigation Patent Patent Law 65

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?

Personality Rights 82

Personality Rights Trademark Social Media Patent Law 82

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.

Design Patent 111

Design Patent Design Designs Graphic Design 111

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.

Patent Law 70

Patent Law Law Patent 70

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.

Patent 108

Patent Invention Patent Application Art 108

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.

Inventor 130

Inventor Invention Patent Designs 130

The IPKat

NOVEMBER 4, 2024

Letter from different countries , 8 Nov 2024 UCL IBIL seminar: Patent Law – Fit for an (emotional) AI age?: CIIs, Training ANNs and other stories , Wednesday 4th December 2024 UCL IBIL course: AI for Lawyers: Technological Understanding for Compliance and Litigation. Deadline 15 Nov 2024. Deadline 15 Nov 2024.

Reporting 60

Reporting Publishing Patent Application Invention 60

SpicyIP

NOVEMBER 23, 2024

The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. course at NLSIU Bangalore.

Patent 64

Patent Patent Application Patent Law Patent Prosecution 64

Patently-O

MAY 10, 2024

by Dennis Crouch In a recent post , I discussed major proposed changes to terminal disclaimer practice that could significantly impact the landscape of patent law. utility patents bound by a terminal disclaimer. At the same time, the number of patents issued per year has also more than doubled.

Patent 52

Patent Inventor Patent Law Publishing 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.

Design 80

Design Designs Patent Patent Application 80

The IPKat

JULY 3, 2024

XXXVI Nordic NIR Meeting 2024 (1 - 3 September) The Finnish Association for Industrial Property Rights will host the 36th Nordic NIR Meeting in Helsinki from 1 to 3 September 2024. For further information and to register, click here.

Intellectual Property Law 64

Intellectual Property Law IP Invention Patent Law 64