Kashishipr

OCTOBER 13, 2021

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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Patently-O

MARCH 27, 2025

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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Larson & Larson

JANUARY 13, 2025

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 patent applicants and strategies. for most patent-related services.

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SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

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JD Supra Law

JANUARY 28, 2025

patent application qualify as prior art as of the applications filing date in inter partes review (IPR) proceedings? The Federal Circuit recently addressed a deceptively straightforward question: does a published U.S.

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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. Do not ignore dependent claims.

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SpicyIP

AUGUST 22, 2022

We’re pleased to bring to you a 2 part guest post by Amit Tailor on the question of when a patent application can be divided, that came up in the recent case of Boehringer Ingelheim vs. The Controller. When can/not a Patent Application be Divided? Permanent Address of the Pen of K?cab?). Author: Amit Tailor.

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JD Supra Law

JANUARY 29, 2025

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

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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. The competition is scored on the basis of the patent application and an oral presentation before a panel of three judges.

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Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. Still, seemingly qualify as prior art under 35 U.S.C.

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SpicyIP

JULY 28, 2022

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. vs. THE CONTROLLER OF PATENTS [ C.A.(COMM.IPD-PAT)

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Patent Trademark Blog

JULY 14, 2022

Leap of Faith: File a PCT patent application while your US application might get rejected? Timing your patent filings can be tricky. P:atent applicants typically find themselves in a moment of indecision when the foreign filing deadline approaches. How does that help your US application?

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JD Supra Law

JANUARY 23, 2025

On appeal from an inter partes review (IPR), the Federal Circuit held that, under pre-America Invents Act (pre-AIA) law, a published patent application is prior art as of its filing date as opposed to its later date of publication. By: Jones Day

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Larson & Larson

NOVEMBER 12, 2024

Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. Track One might be the competitive edge you need.

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SpicyIP

AUGUST 9, 2024

The Story Till Now On one hand, COVID-19 cases are rising yet again to everyone’s surprise, and on the other, the surprises from the Covaxin patent application don’t seem to stop. BBIL then did a quick about-face on this application and issued a clarification on June 22 that they would be refiling with proper credits to ICMR.

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Patently-O

JANUARY 28, 2022

Patent applicants must submit known prior art to the USPTO to assist in examination. The growth is driven by a small subset of applicants submitting a large number of documents. The average number of references has grown tremendously, but not the median. pic.twitter.com/nXQlUvU1LN.

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The IPKat

NOVEMBER 13, 2024

EP-AutoCla automatically classifies patent applications, relieving examiners of the time-consuming job of classifying documents manually. The EPO is continuing to develop AI-driven features to further enhance patent searches and legal research. Examiners review these shortlisted documents to finalize the search results.

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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? How much to patent an idea?

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JD Supra Law

MARCH 12, 2025

In the biotechnology and chemical spaces, genus claims are often sought by patent applicants to protect not only a specific product of interest, but also as a means to protect against others making related products that incorporate the advance over the prior art made by the applicant.

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SpicyIP

NOVEMBER 9, 2024

Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself. This happens when the invention is assessed for non-obviousness with respect to the standard of ‘person skilled in the art.’

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Patent Trademark Blog

MARCH 6, 2025

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. Are you a foreign business looking to apply for a US patent?

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JD Supra Law

OCTOBER 12, 2021

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

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The IP Law Blog

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. In 2019, the Copyright Office refused the application on the grounds that it lacked “human authorship.”

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JD Supra Law

JANUARY 16, 2025

patent applications 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. 14, 2025, in Lynk Labs, Inc. Samsung Electronics Co.,

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Patently-O

DECEMBER 20, 2022

Is it Prior Art? From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show.

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Patent Trademark Blog

MARCH 13, 2025

How long does it take to get a design patent? On average, a design patent application can take about 16 months for the initial examination. Strip out the fast-tracked design applications from the equation, and the average wait time for non-expedited design applications would certainly be longer.

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JD Supra Law

JANUARY 20, 2025

affirmed the Patent Trial and Appeal Boards ruling that a published patent application can be deemed prior art in an IPR as of the applications filing date.Op. On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. Samsung Electronics Co., 2023-2346 (Fed. By: WilmerHale

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IP Law 360

OCTOBER 10, 2024

A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.

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Intellectual Property Law Blog

NOVEMBER 22, 2021

Under PPH, prosecution of a patent application previously filed with a participating patent office can be fast-tracked in another participating patent office if the patent application meets certain requirements. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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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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Intellectual Property Law Blog

MAY 22, 2023

Enablement Section 112(a) of the Patent Act requires that a patent specification includes “a written description of the invention, and of the manner and process of making an using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art…to make and use the same. In re Wands , 858 F.2d

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The IPKat

MARCH 21, 2025

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous.

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Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S.

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The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

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JD Supra Law

JULY 25, 2024

The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application. Originally published in Bloomberg Law - July 22, 2024.

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Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34. Who’s Suing Us?

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SpicyIP

MARCH 24, 2025

The Controller had rejected a patent application by Arcturus Therapeutics for the applicants inability to file its second written submission on time. ” The Patent Office refused the application solely on procedural grounds, citing a delay in filing additional written submissions. In Blackberry Limited v.

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