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On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. 14, 2025), addressing whether a published patentapplication can serve as prior art in inter partes review (IPR) proceedings as of its filing date. Samsung Electronics Co., 23-2346 (Fed.
The United States Patent and Trademark Office (USPTO) has announced significant fee changes that will take effect on January 19, 2025. As a patent attorney, I want to highlight the key adjustments and their potential impact on patentapplicants and strategies. for most patent-related services.
2025 promises to be another busy year for intellectual property law. Broad Institute, a federal court case involving competing patentapplications for the CRISPR-Cas9. Here are some of the highlights: 01:02 - Chelsea Loughrans thoughts on The University of California v. By: Wolf, Greenfield & Sacks, P.C.
On January 14, 2025, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion affirming a final written decision from the U.S. Patent Trial and Appeal Board (PTAB) finding the challenged claims of U.S. January 14, 2025). 10,687,400 unpatentable. Lynk Labs, Inc. Samsung Elecs.
The United States Patent and Trademark Office (USPTO) has released its long-anticipated final rule on patent fee adjustments (“Final Rule”). Set to take effect January 19, 2025, these changes represent the most significant fee restructuring since 2020.
Can AI be used to draft a patentapplication? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible.
Copyright Society's 2025 Midwinter Meeting (30 January - 1 February 2025) The Copyright Society will host its traditional Midwinter Meeting between 30 January and 1 February 2025. 2025 National PatentApplication Drafting Competition The U.S. For further information, click here.
Before the USPTO was subject to a hiring freeze, it assumed it would onboard 400 new examiners between fiscal year 2025 and fiscal year 2026, and still predicted an increase in the backlog of unexamined patentapplications.
Case Summaries Gilead Sciences Inc vs Union Of India on 19 December, 2024 (Madras High Court) Image from here The writ petition pertains to a patentapplication filed by the petitioner, which was contested by the 4 th respondent through a post-grant opposition. Read this post by Aditi Agrawal discussing these issues!
On March 13, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Xencor, Inc. The Xencor decision affirms the decision of the Appeals Review Panel (ARP) of the US Patent and Trademark Office, which held both pending claims of US PatentApplication No.
Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patentapplication but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. Read the post for more details.
The US Court of Appeals for the Federal Circuit affirmed a district court decision rejecting claims of a patentapplication directed to a dosing regimen for a cancer treatment, finding the claims to be obvious where the motivation to use the claimed dosing was not the same as the inventors motivation. 6, 2025) (Lourie, Dyk, Prost, JJ).
Highlights of the Week Delhi High Court Stirs the Pot for Biotech PatentApplicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.
The complaint sought director review of a 2018 Patent Trial & Appeal Board decision that affirmed a rejection of claims in the subject patentapplication. 6, 2025) (Dyk, Reyna, Stoll, JJ.). In the initial appeal, no appointments clause argument was raised. Odyssey Logistics & Technology Corp. Stewart, Case No.
In a precedential opinion entered on January 14, 2025, the United States Court of Appeals for the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (PTAB) invalidating claims of a patent on obviousness grounds under 35 U.S.C. By: Dorsey & Whitney LLP
14, 2025, in Lynk Labs, Inc. patentapplications may continue to be used as prior art in inter partes review (IPR) proceedings as of the date the application was filed with the U.S. Patent and Trademark Office (USPTO). Court of Appeals for the Federal Circuit ruled on Jan. Samsung Electronics Co.,
Patent and trademark applicants are likely to see significant changes with their applications in 2025. First, numerous fee increases have recently taken effect on January 18 for trademark applications and January 19 for patentapplications. By: Lathrop GPM
On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. affirmed the Patent Trial and Appeal Boards ruling that a published patentapplication can be deemed prior art in an IPR as of the applications filing date.Op. Samsung Electronics Co., 2023-2346 (Fed. By: WilmerHale
Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing PatentApplications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patentapplications of Ayush Systems and related inventions.
Since China became worldwide leader in patentapplications in 2011, overtaking Japan, the number of its applications have soared. The question today is not so Continue reading
Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing PatentApplications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patentapplications of Ayush Systems and related inventions.
Heading into 2025, patentapplicants should prepare for significant fee increases at the United States Patent and Trademark Office (USPTO). These fee increases can significantly impact patentapplicant behavior, leading prudent applicants to evaluate and adjust their patent protection strategies.
by Dennis Crouch In a significant decision, the Federal Circuit has established a more rigorous test for determining when a published patentapplication claiming priority to a provisional application can be considered prior art as of its provisional filing date. In re Riggs , Case No. 2022-1945 (Fed.
Published PatentApplications Are Prior Art as of the Filing Date, Not the Publication Date - Lynk Labsraises a simple question of statutory interpretation with surprisingly important ramifications: ininter partesreview, is a published patentapplication considered prior art as of the date of filing or the date of publication?
Effective January 28, 2025, the new administration suspended the Climate Change Mitigation Pilot Program (CCMPP) at the United States Patent and Trademark Office (USPTO).
In affirming the USPTO's rejection of claims for treating COVID-19 with aerosolized ribavirin, the court's February 18, 2025 ruling (No. I enjoyed the case also noting that it was argued by the patentapplicant's twin brother Bart McLeay (Kutak Rock LLP). To continue reading, become a Patently-O member. Already a member?
A Single Bench of the MadHC, headed by Justice Senthilkumar Ramamoorthy, delivered an intriguing judgment on February 27, 2025, in Navya Network Inc. The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed PatentApplication No.
For the period of calculation of damages, the Court decided to calculate the damages for three years before filing the suit till the expiry of the suit patent (12th February 2025). The Court specifically noted Philips failure to disclose information about its foreign patentapplications u/s 8 is a clerical error.
The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patentapplications. By: Womble Bond Dickinson
On January 14, 2025, the Federal Circuit in Lynk Labs Inc. clarified that inter partes review challenges may be based upon published patentapplications, and such published patentapplications can be deemed prior art in IPRs as of their filing date.. Samsung Electronics Co. By: Morgan Lewis
As 2025 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2024. According to many readers, hot IP topics included artificial intelligence (AI), pharmaceutical-related patentapplications, and U.S. double patenting, and U.S.
The next date of hearing is today, i.e. January 20, 2025. Talking about local production for Risdiplam, several patentapplications are pending by manufacturers like Natco, Harman Finochem Limited, and MSN Laboratories, awaiting examination or request for examination.
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision finding challenged claims invalid based on a published patentapplication that, in an inter partes review (IPR) proceeding, was found to be prior art as of its filing date rather than its publication date. Lynk Labs, Inc.
Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patentapplication rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more for the details.
Majumdar & Co.who are experts in the field of Patents. Prepare candidates to qualify for the Indian Patent Agent Examination (Paper I and Paper II) to be held in the year 2025. Train candidates for the patent agent interview (For candidates who pass Paper I and Paper II).
This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.
Customers can express their interest in taking part in the patents pilot by emailing usertesting@ipo.gov.uk. In spring 2024 The new One IPO patents service will launch for all patents customers. eOLF will be phased out for GB patentapplications once our new IPO service has launched.
The referral will address a question relevant to every European patentapplication, namely how should the claims be interpreted? Review of EPC Articles for Interpretation The title of Art 69 European Patent Convention (EPC) is Extent of Protection. Unsurprisingly, the amicus curiae have been flooding in (including from CIPA ).
CGPDTM Announces Dates for 2025 Trademark and Patent Agent Exams Dates for Trademark and Patent Agent Exams 2025 have been announced by the CGPDTM. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.
by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. This fits with the ongoing trend that a patent should be of a particular size.
The aforementioned notification has come after the All India Patent Officer’s Welfare Association (AIPOWA) filed a Civil Writ Petition (WP) in the Delhi High Court (DHC) alleging arbitrary reallocation, withdrawal, and abandonment of patentapplications and review petitions by the Information Technology (IT) Division of the CGPDTM (Case No.
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