article thumbnail

Fed. Circ. Digs Into Patent Applications' Place In Prior Art

IP Law 360

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.

article thumbnail

Before the Breakthrough: Does Prior Art Include Wrongfully Published Applications?

SpicyIP

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! What Reasoning Did the Court Give for its Decision?

Art 105
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Are design patent applications published?

Patent Trademark Blog

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Why does it matter that design patent applications are not published?

article thumbnail

The Dangers of Secret Prior Art

JD Supra Law

It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application.

Art 61
article thumbnail

Feeding and Generating AI Creates Patent Application Challenges

JD Supra Law

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.

article thumbnail

Not Examined the Inventive Step Enough? Madras HC Remands Patent Application Back to IPO for Reconsideration

SpicyIP

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.

article thumbnail

UMKC School of Law Wins National Patent Application Drafting Competition

Patently-O

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.