IP Watchdog

SEPTEMBER 12, 2021

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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Patent Application Art Patent Trademark 115

IP Watchdog

JANUARY 9, 2023

Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today vacated a Patent Trial and Appeal Board (PTAB) finding that certain claims of Google, LLC’s U.S. Patent Application No. 14/628,093 were obvious. The CAFC opinion, authored by Chief Judge Moore, said the U.S.

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Patent Application Patent Art Trademark 126

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

SpicyIP

JANUARY 17, 2024

In a case with seemingly overlooked delayed filings by the Applicant, a patent application was abruptly transferred from one officer to another, ignoring a subsisting notice of opposition. Suriya is a Patent Analyst from Salem Tamil Nadu. The views expressed at those of the author’s alone.

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Patent Prosecution Patent Invention Copying 64

LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. The novelty art is an article published within the grace period (i.e., 201310567987.0 (the Andry Dong is a paralegal in Perkins Coie’s Shanghai office.

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

LexBlog IP

NOVEMBER 22, 2021

Patent Prosecution Highway or 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. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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Patent Prosecution Patent Application Patent Copying 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

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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Patent Application Patent Prosecution Art Patent 72

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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Litigation Patent Prosecution Patent Patent Application 108

Intellectual Property Law Blog

SEPTEMBER 29, 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.

Technology 130

Technology Trademark Patent Prosecution Patent 130

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Under the Paris Convention and the PCT, whoever files an application is called the applicant.

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Patent Prosecution Invention Inventor Patent 75

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 Application Patent Patent Drafting Invention 128

Intellectual Property Law Blog

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.

Technology 130

Technology Trademark Patent Prosecution Patent 130

JD Supra Law

AUGUST 2, 2023

In this podcast, Procopio Partner Ernest Huang of Silicon Valley and AOMB Partner Ernest Baeten of the Netherlands discuss an innovative way in the Dutch patent system to get a peek at what the prior art is going to look like when you submit a provisional or normal patent application.

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Patent Prosecution Patent Patent Application Art 52

Patently-O

MARCH 15, 2023

Associates around the country today are drafting motions, patent applications, and other documents using some version of ChatGPT. ChatGPT is good for that as well and can provide a reasoned structure, including identifying of prior art and obviousness standards.

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Patent Prosecution Patent Application Art Reporting 122

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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Patent Patent Application Art Patent Prosecution 52

Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

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Patent Prosecution Patent Design Designs 52

IP.com

NOVEMBER 7, 2024

Invention Novelty Assessment: conduct a quantitative assessment of the novelty of an innovation against a corpus of global prior art to evaluate the feasibility of pursuing a patent. Provisional applications can be useful for technologies that are still in development, providing additional time to refine the invention.

Technology 52

Technology IP Cease and Desist Patent Application 52

Patently-O

MARCH 13, 2022

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). Josh Norem: Apple Patent Application Envisions a Mac Inside a Keyboard (Source: Extreme Tech).

Patent Prosecution 69

Patent Prosecution Patent Intellectual Property Journalism 69

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.

Patent Application 52

Patent Application Patent Design Patent Art 52

GDB Firm Blog

NOVEMBER 17, 2021

4, 2021) A rejection based on obviousness can be a difficult rejection for patent applicants to overcome. In patent prosecution, an examiner who can find a reference or combination of references that supposedly incorporates the claimed invention can result in a stubborn obviousness rejection. Strathclyde v.

Patent Prosecution 52

Patent Prosecution Patent Application Invention Art 52

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?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

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?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

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?

Patent Application 52

Patent Application Invention Inventor Technology 52

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.

Technology 52

Technology Trademark Patent Prosecution Patent 52

The IPKat

JUNE 13, 2024

The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step. EPO AI assisted search: Language models and vector search Last year the EPO announced the introduction of a new tool to assist Examiners in patent search.

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Journalism Invention Art Patent 60

The IPKat

AUGUST 11, 2023

In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. The process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Perhaps herein lies the problem.

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Inventor Invention Law Ownership 52

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

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

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

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Patent Art Invention Patent Prosecution 45

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

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Patent Application Patent Invention Patent Prosecution 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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Art Reporting Patent Prosecution Patent Application 74

The IPKat

FEBRUARY 21, 2023

Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent.

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Patent Application Invention Patent Prosecution Patent 90

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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Intellectual Property Invention Patent Application Art 52

SpicyIP

JULY 13, 2023

– Nearly 90% of all Board of Appeal of the EPO decisions either completely or partly revoke the patent in question. Most of the decisions being based on prior art that could and should have been found in first instance! In Societe Des Produits Nestle Sa vs The Controller Of Patents and Design and Anr. ,

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Patent Application Invention Designs Design 72

Patently-O

APRIL 14, 2024

In my patent prosecution class, the students are busy drafting a patent application. I envision GenAI assisting with lots of tasks, prior art searches (including detailed comparison to claims), office action responses, specification drafting (including multiple prophetic examples), and even claim drafting.

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Blogging Patent Prosecution Patent Application Invention 59

The IPKat

SEPTEMBER 23, 2022

selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art. The Court followed that argument.

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Litigation Law Patent Invention 80