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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.
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.
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. By: Dinsmore & Shohl LLP
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.
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.
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. Nirmala Agarwal Prop of Karmyogi vs B.C
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.
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.
A quick glance at last week analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Courts jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. The last day to send your applications is April 1, 2025. Bharathwaj Ramakrishnan discusses this issue.
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. Continue reading this post on Patently-O. 2022-1945 (Fed.
Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. The next date of hearing is today, i.e. January 20, 2025.
A quick glance at last week analysis of a Delhi HC judgment on the patentability of genetically modified salmonella bacteria, a look at the Philips DVD Case where the Court imposed heavy damages and costs, and a post-grant opposition leading to a revocation of Optimus Linelizoid patent. Anything we are missing out on? Chalo Delhi!
Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board decision that affirmed a rejection of claims in the subject patentapplication.
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).
Continue reading this post on Patently-O. Companies with the most published U.S. An important element to note here – despite the presence of our large tech companies, the US innovation market is much less concentrated than that of Korea or Japan. What that means is that, although individual U.S.
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
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
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.,
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
Assistant Controller: The Court Reminds the Patent Office to Give Reasons DHC recently remanded a patent rejection order to the IPO, which had rejected the application due to the applicant’s failure to submit a written statement on time. What does this reveal about the quality of patent grant/rejection orders?
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.
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 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.
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.
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?
Here is our recap of last weeks top IP developments including summaries of the posts on unreasoned patent grants and rejections, the One Nation One Subscription initiative by the government, and the DHC order on missing reasons for ex-parte injunctions. The last date for submission of entries is March 31, 2025.
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
(Retd) Sukesh Behl ) in three cases concerning allegations of infringement of a Standard Essential Patent relating to Philips DVD player technology. Filed in 2012, the decision comes after 13 years with the litigation having outlived not only the suit patent, and the DVD industry, but also the institution that declared it essential !!
We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co.who are experts in the field of Patents.
by Dennis Crouch The Federal Circuit's recent decision in In re McLeay offers a glimpse into the evolving relationship between utility and enablement in patent law. In affirming the USPTO's rejection of claims for treating COVID-19 with aerosolized ribavirin, the court's February 18, 2025 ruling (No. Already a member?
Effective January 28, 2025, the new administration suspended the Climate Change Mitigation Pilot Program (CCMPP) at the United States Patent and Trademark Office (USPTO).
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. Anything we are missing out on?
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
In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patentapplication following the failure to pay a maintenance fee was unreasonable for adopting an inappropriate approach to assessing due care, failing to consider all.
The UK Intellectual Property Office (IPO) has announced details of its new patent service which will see the process of applying for a patent dramatically transformed over the next 12 months. There will also be a number of important changes to the IPO’s services ahead of the new service for patents being launched in spring 2024.
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 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.
The referral will address a question relevant to every European patentapplication, namely how should the claims be interpreted? After all the UPC depends on patents approved for grant by the EPO. and Question 3) can a specification be a dictionary of definitions for the patent?
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