IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

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LexBlog IP

DECEMBER 20, 2021

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.

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IP Watchdog

NOVEMBER 30, 2021

These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure.

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Patent Trademark Blog

MAY 29, 2024

What are the top losing patent arguments? About 9 out of 10 utility patent applications will receive at least one rejection. Getting a utility patent, therefore, will require skill in overcoming these inevitable rejections from the examiner. Then argue about how those claimed features are not in the prior art.

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IP Watchdog

SEPTEMBER 28, 2022

A major reason for this is that an examiner’s interpretation of a claim drawn to an innovation that may be worthy of patent protection may cause them to determine that the subject matter as claimed is not patentably distinct from the prior art.

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Patent Trademark Blog

APRIL 14, 2022

A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once. How to respond to utility patent rejections.

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LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Trademark Blog

JULY 14, 2021

Furthermore, patent prosecution occurring after the initial filing will vary by each governmental patent office. Some IP offices may present a more challenging patent examination process than others. Do US national stage applications require a subsequent request for examination?

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Patent Application Patent Prosecution Art Inventor 40

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Trademark Blog

AUGUST 11, 2021

A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution. If your claim amendments are too narrow, the competition will find easier ways to design around your patent.

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Patent Application Art Patent Prosecution Patent 66

SpicyIP

JULY 13, 2023

As explained here , these demands are motivated by a broader overview to have patents with reliable validity, the absence of which hinders the assertion of the right later, for example, in seeking an injunction in an infringement suit. – The patent system needs complete searches and substantive examination for functioning well. .

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LexBlog IP

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. In one key takeaway, the panel suggested drafting an application with specific details about the innovation in order to support patent eligibility and enablement for the innovative concept.

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Technology Trademark Patent Prosecution Patent 52

Patent Trademark Blog

AUGUST 13, 2021

How to get an early PCT prior art search. A prior art search is conducted for every PCT application. Depending upon your PCT filing date, that prior art search report may be issued sooner than an Office Action in a counterpart application. Now suppose your first filing was the PCT application filed with the USPTO.

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SpicyIP

NOVEMBER 7, 2022

Dear readers, as you may have noticed, after a bit of a slowdown, SpicyIP is once again picking up steam and we will be looking to bring you the spicy IP updates that you have been used to! Announcing Winners of 3 rd Shamnad Basheer Essay Competition on IP Law. Exploring the “Space” for Makeup Dupes in the Indian IP Framework”.

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LexBlog IP

SEPTEMBER 29, 2022

Understanding these three underlying principles will enable Applicants in China to better understand the best situations for filing both types of applications. Chinese Utility Model and Patent Prosecution. Unlike invention patent applications, there is no substantial examination of utility models.

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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The Court followed that argument.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. Patent Prosecution. Patent Litigation. FDA Regulation.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013. in biology. Joel received his J.D.,

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

In view of this notice, life sciences companies should consider involving patent counsel in the review of relevant FDA submissions for possible inconsistencies with PTO filings and determination of the appropriate course of action where material inconsistencies are found to exist. Information subject to the duty includes: Prior art.

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SpicyIP

JULY 31, 2023

The present case is perhaps the first where the court deconstructs the question of patentability and infringement of product-by-process patent claims in India. Explaining the approach of Brazilian courts and patent office (BRPTO), Roberto Rodrigues Pinho et. While the IPO guidelines do explain these claims in para 7.9,

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Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.

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Canadian Intellectual Property Blog

FEBRUARY 16, 2021

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. TA Foods Ltd. 2021 FCA 7 Section 53.1 In contrast, TA only used a Micronizer for heating oil seed via infrared radiation.

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Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

The IPKat

SEPTEMBER 23, 2021

Legal Background: Duty of disclosure and inequitable conduct Patent applicants and attorneys prosecuting patent applications at the USPTO have a duty to disclose information that is material to the patentability of the intention ( 37 C.F.R. As such, the patent application indicated, a formulation of pH of 2.8-3.3

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Patent Prosecution Patent Patent Application Art 56

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Relying on the decision in Dominos Ip Holder LLC & Anr.

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Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily).

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Patent Prosecution Patent Intellectual Property Journalism 67

IIPRD

MAY 10, 2020

Some of these schemes and programs work with the assistance of professional IP practitioners who are empaneled in respective departments, programs, or schemes while others provide monetary assistance to start-ups, inventors, institutions, etc. Patent Facilitation Programme (TIFAC). CENTRAL GOVERNMENT SCHEMES AND PROGRAMMES.

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LexBlog IP

SEPTEMBER 5, 2023

This post explains some of the decision’s consequences and explores potential patent prosecution strategies. In that case, Gilead Sciences sequentially filed separate patent applications, leading to patents with different expiration dates, claiming inventions that were obvious variants of each other.

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SpicyIP

FEBRUARY 28, 2022

New web browser extension makes USPTO examiner and art unit statistics available to any patent professional, integrated directly into their patent prosecution workflow. The unprecedented integration of LexisNexis patent prosecution statistics and the USPTO’s two.

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