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. Can they still file a US utility patent application?

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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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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.

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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.

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IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. If such products were created by a human inventor, they could be eligible for patent protection.

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JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law. ” The outcome of the Amgen v.

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Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Lexmark argued that these restrictions should be enforceable through patent law, similar to the reasoning in A.B.

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SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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Patently-O

JANUARY 20, 2023

This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. And shouldn’t science fiction serve as prior art against other peoples’ patents?

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. The non-provisional patent application included the following two claims: 1. Question 3.

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Patent Law Law Patent Patent Application 78

SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v.

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Selvam & Selvam Blog

APRIL 1, 2025

Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian Patent Application No. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability. In response, the applicant submitted detailed responses and attended multiple hearings. 201944047460.

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The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

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SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.]

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Patent Application Inventor Patent Intellectual Property 64

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. Asserted Prior Art – Dick Blick “Stump” Art Tool. In this decision, captioned In re: SurgiSil, L.L.P. 2020-1940 (Oct. 2020-1940 (Oct.

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Design Patent Design Designs Patent Law 52

The IPKat

JANUARY 28, 2025

The patent in question ( EP2137782 ) particularly related to devices and methods of generating electricity from living plants using microbial fuel cells (MFCs). MFCs using microorganisms to convert organic compounds into electrical energy were known in the art. Is the allegedly infringing product novel and inventive over the prior art?

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Patent Application Patent Invention Inventor 52

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. In this post by Kartikeya S.,

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The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? 59 (4) of the Patents Act, Botschaft , 11, 12).

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Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Thus, an invention is new or novel, if it has not been disclosed in the prior art. Before the application for a patent is filed, a prior art search is of paramount importance. It will help determine the existing literature regarding the subject matter of the patent and help establish the novelty of the invention.

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Patently-O

JUNE 6, 2024

The consequences: in 2021, a patent application surfaced in Australia that appears to have been derived from Neuropublic’s confidential disclosure. This prior art publication now jeopardizes Neuropublic’s ability to obtain patent protection on its invention, undermining years of research and development investment.

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Patently-O

APRIL 16, 2024

11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. A recent Federal Circuit decision, Salix Pharms.,

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Art Patent Journalism Publishing 75

LexBlog IP

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.”

Art 52

Art Copyright Copyright Law Registration 52

Patently-O

MAY 21, 2024

As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued. Key Analogous Art Requirement A key limiting feature of the obviousness analysis is that the doctrine only considers “analogous” prior art.

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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LexBlog IP

OCTOBER 12, 2021

On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. In a unanimous precedential opinion, the panel decision of In re: Surgisil, LLP significantly narrowed the field of prior art that can be used to invalidate a design patent as anticipated. [5]. ” [6].

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IP Intelligence

OCTOBER 12, 2021

On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. In a unanimous precedential opinion, the panel decision of In re: Surgisil, LLP significantly narrowed the field of prior art that can be used to invalidate a design patent as anticipated. [5]. 1] 35 U.S.C. §

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Design Patent Art Design Designs 52

SpicyIP

DECEMBER 16, 2024

Said composition is not known in the prior arts . page 20-21 of the order) With this observation, the Patent Office concluded that the claims do not attract the application of Section 3(d) (commonly known for being against evergreening, see Prof. In other words, Utidelone is a known substance from the prior art.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

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IPilogue

SEPTEMBER 28, 2021

Justice Marcus Smith explained his reasoning by saying that the meaning of the word “inventor” is limited to people under UK patent law. As mentioned, Apotex was the most recent Supreme Court of Canada decision that spoke to humans being inventors for patent applications.

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IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al. However, Kim et al.

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The IP Law Blog

MAY 11, 2023

Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.

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JD Supra Law

SEPTEMBER 2, 2022

According to the Chinese Patent Law, the prior art means any technology known to the public before the filing date of a patent application in China or abroad. We name this. By: Linda Liu & Partners

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The IP Law Blog

JUNE 22, 2023

of two patents owned by Parus Holdings, Inc. Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art. Patent Appl. Kurganov-262 has the same specification as the challenged patents. In the I.P.R.,

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