Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

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Patent Application Patent Art Invention 98

SpicyIP

NOVEMBER 30, 2024

Kartikeya is a second-year law student in the LL.B. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. course at NLSIU Bangalore. His previous posts can be accessed here. ]

Designs 59

Designs Design Law Intellectual Property 59

Patently-O

FEBRUARY 13, 2024

The Appeal Brief: A Closer Look Sonos has now filed an appeal brief that challenges Judge Alsup’s decision on several grounds, emphasizing the fairness of their patent prosecution process and arguing against the application of prosecution laches. But it did so only by resolving factual disputes about the prior art.

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Patent Patent Prosecution Patent Law Marketing 98

Patently-O

JANUARY 23, 2024

The patentee here argues that the courts should not find any solutions solutions obvious unless those solutions were themselves reasonably predictable from the prior art. 664 (1931) (not obvious unless results would have been “immediately recognized” by one skilled in the art). Dow Chemical Co. Halliburton Oil Well Cementing Co. ,

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Art Invention Patent Prosecution Patent 81

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 64

LexBlog IP

JUNE 18, 2023

Supporters of the proposal believe it would: Improve the quality of design patent practitioners and representation. Enable more underrepresented groups to practice design patent law. Assist more underrepresented inventors in acquiring patents. They are expected to: Have minimal economic impact on small entities.

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Design Patent Designs Design Patent 52

More Than Your Mark

AUGUST 13, 2021

Each is required to have all the claims protect something new and non-obvious over the prior art. Each undergoes examination by a patent examiner in the U.S. Patent Office. Utility patent examination in the U.S. Protecting Your Products.

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Designs Design Design Patent Patent 52

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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LexBlog IP

OCTOBER 24, 2023

It not only precludes the award of a patent but also imposes a strict governmental veil over the invention, accompanied by comprehensive procedures to safeguard the contained ideas. Meanwhile, the now-secret patent application remains a patent pariah: Neither the USPTO nor anyone else can cite it as prior art in a patent proceeding.

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Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

It not only precludes the award of a patent but also imposes a strict governmental veil over the invention, accompanied by comprehensive procedures to safeguard the contained ideas. Meanwhile, the now-secret patent application remains a patent pariah: Neither the USPTO nor anyone else can cite it as prior art in a patent proceeding.

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

It not only precludes the award of a patent but also imposes a strict governmental veil over the invention, accompanied by comprehensive procedures to safeguard the contained ideas. Meanwhile, the now-secret patent application remains a patent pariah: Neither the USPTO nor anyone else can cite it as prior art in a patent proceeding.

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Patent Application Invention Inventor Technology 52

LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility Model and Patent Prosecution. Unlike invention patent applications, there is no substantial examination of utility models. Utility models require a lower level of inventive step than invention patents, another difference from other utility model programs like Germany.

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Intellectual Property Invention Patent Application Art 52

TraskBritt Intellectual Property

JUNE 10, 2021

On the other hand, if the USPTO does not issue a Notice of Allowance, (5) other strategies may be sought in the pursuit of a patent. Overall, the amount of time it takes to acquire a patent varies based on the field of technology and on the type of application, which may be a provisional, design, utility, or plant application.

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Patent Application Patent Invention Patent Prosecution 52

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. Joel received his J.D.,

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Intellectual Property Journalism Intellectual Property Law Litigation 52

Patently-O

MAY 31, 2024

Under the proposed rule, a terminal disclaimer will only be accepted by the USPTO if it includes an agreement that the patent will be unenforceable if tied (directly or indirectly) to another patent that has any claim invalidated or canceled based on prior art (anticipation or obviousness under 35 U.S.C. 102 or 103).

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Inventor Patent Prosecution Patent Patent Law 49

Patently-O

APRIL 17, 2024

The article emphasizes the low percentage (7.6%) of federal judges with STEM backgrounds and argues that this lack is problematic for effectively handling cases with technical content, such as patent law, environmental cases, and forensic evidence in criminal cases.

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Journalism Intellectual Property Intellectual Property Law Patent Prosecution 40

Patently-O

MAY 15, 2024

This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. Impact of the Proliferation of Artificial Intelligence on Prior Art and Patentability (Docket No.

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Art Intellectual Property Design Designs 45

SpicyIP

NOVEMBER 23, 2024

Kartikeya is a second-year law student of the LL.B. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. course at NLSIU Bangalore. His previous post can be accessed here.

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Patent Patent Application Patent Law Patent Prosecution 64

SpicyIP

DECEMBER 31, 2024

The decision clarifies the purpose of the two processes and is a must read for all patent law enthusiasts. To answer the question of whether an invention is non-obvious, one must identify the person skilled in the art (PSTIA). The decision was passed by a division bench of Justice Yashwant Varma and Justice Dharmesh Sharma.

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