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Federal Circuit Redefines Prior Art Requirements Under § 102(e)/102(a)(2): In re Riggs

Patently-O

by Dennis Crouch In a significant decision, the Federal Circuit has established a more rigorous test for determining when a published patent application claiming priority to a provisional application can be considered prior art as of its provisional filing date. Continue reading this post on Patently-O.

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Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

SpicyIP

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. Under Section 10(4), an applicant is supposed to disclose the best method of performing the invention in the complete specification.

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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

SpicyIP

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Now, who is this ‘skilled worker’ or ‘person skilled in the art?’

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All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Why Should an Inventor File a Provisional Patent Application?

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Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA

IP Watchdog

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

Intellectual Property Law Blog

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.

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Everything Foreign Applicants Must Know About US Utility Patents

Patent Trademark Blog

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Where was the invention made? It depends.