Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. Amgen was then able to obtain the broader patents at issue here that are not tied to any particular antibody structure or amino acid sequence.

Patent Law 120

Patent Law Law Patent Invention 120

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

Patent Law 90

Patent Law Law Patent Invention 90

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

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

Invention 98

Invention Art Patent Reporting 98

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed.

Patent Law 94

Patent Law Law Inventor Patent 94

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. Kibow Biotech Inc.,

Invention 69

Invention Patent Art Patent Law 69

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

Invention 62

Invention Art Patent Television 62

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine.

Patent Law 73

Patent Law Law Patent Art 73

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.

Patent 60

Patent Art Invention Patent Law 60

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115. .”

Inventor 52

Inventor Invention Patent Designs 52

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. This is a flexible analysis (KSR) with the PTO and courts typically looking for a “motivation to combine” the prior art teachings that would have a “reasonable expectation of success.”

Invention 75

Invention Art Patent Patent Law 75

Patently-O

SEPTEMBER 20, 2021

So far, the Supreme Court has not granted certiorari in any patent cases for its 2021-2022 Term. Tormasi is a convicted murderer and also a patentee seeking to enforce his disk-drive patent. That provision states that an individual’s capacity to sue is determined by “the law of the individual’s domicile.”

Patent Law 104

Patent Law Law Patent Art 104

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Claims: 1.

Invention 57

Invention Art Patent Designs 57

Patently-O

DECEMBER 5, 2021

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. Crunch admits that all of the elements of his invention were individually available in the prior art. Question 2. (80 Question 3. Question 4.

Patent Law 111

Patent Law Law Patent Art 111

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Art 125

Art Journalism Patent Law Invention 125

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 106

Patent Invention Patent Application Art 106

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. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 117

Design Patent Designs Design Patent 117

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

Inventor 96

Inventor Invention Patent Patent Application 96

Patently-O

APRIL 12, 2023

by Dennis Crouch A decade ago, the US Supreme Court issued a pair of decisions that upended substantial aspects of patent practice. Many thousands of patents have been denied or invalidated under the expanded doctrine. One difficulty with the law here is that it is entirely judge made. Patent Nos. Prometheus Labs.,

Technology 62

Technology Art Patent Invention 62

LexBlog IP

SEPTEMBER 23, 2022

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, definiteness, and nonobviousness, a patent must comply with the written description requirement as specified in 35 U.S.C. Written description is an issue of fact, which is resolved on a case-by-case basis.

Patent Law 52

Patent Law Law Invention Patent 52

LexBlog IP

JANUARY 5, 2023

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1] §112(b). [1] ” [3].

Patent Law 52

Patent Law Law Inventor Patent 52

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

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.

Invention 64

Invention Art Patent Law Law 64

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.

Law 60

Law Editing Patent Intellectual Property 60

JD Supra Law

MAY 25, 2023

21-757 dealt with patent law’s “enablement” requirement. The case of Amgen Inc. Sanofi, U.S.,

Patent Law 52

Patent Law Law Patent Invention 52

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Journalism 104

Journalism Art Patent Law Invention 104

Patently-O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” The Patent Office rejected the claims, but the CCPA revived them. Johnston , 425 U.S.

Invention 73

Invention Patent Art Technology 73

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 84

Patent Law Law Patent Editing 84

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.

Patent Application 95

Patent Application Law Patent Prosecution Patent 95

LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Patent Nos. 3d 1369, 1376 (Fed.

Patent Law 52

Patent Law Patent Law Art 52

LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. or by telephone at +65 6956 9943.

Invention 52

Invention Patent Intellectual Property IP 52

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

Inventor 52

Inventor Invention Law Ownership 52

Patently-O

JUNE 6, 2024

According to the complaint [ SDNY-1-24-cv-04156-1 ], in 2020 Neuropublic retained Ladas & Parry to assess the patentability of its innovative “telemeter station” technology for the agriculture industry. “Neuropublic’s Proposed Invention Disclosure has been otherwise confidentially maintained and protected in Greek.”

Confidentiality 111

Confidentiality Law IP Invention 111

JD Supra Law

FEBRUARY 7, 2022

The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law demands that an invention must be new and novel to receive protection.

Copyright Law 52

Copyright Law Art Law Copyright 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can file a patent application?

Patent 103

Patent Inventor Invention Intellectual Property 103

LexBlog IP

NOVEMBER 3, 2022

patent system. In exchange for a 20-year monopoly on a claimed invention, the public gets a description of the invention. § 112, ¶ 1 requires that a disclosure enable a person of ordinary skill in the art (“POSA”) to make and use the claimed invention. Read more.

Patent Law 52

Patent Law Invention Law Patent 52