Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Ridge ‘808 patent was invalid as anticipated.

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Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level.

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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 4, 2024

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application!

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Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. Amgen was then able to obtain the broader patents at issue here that are not tied to any particular antibody structure or amino acid sequence.

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Patent Law Law Patent Invention 122

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Patent Law Law Patent Invention 91

Patently-O

APRIL 21, 2022

For the first time since 2008, the Supreme Court’s October 2021 term will come to a close without any patent decisions. I have included a chart below, but should note that there is some debate around the edges about what constitutes a “patent decision.” 21-819 (use of expert testimony to fill gaps in the prior art).

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Patently-O

FEBRUARY 17, 2025

by Dennis Crouch The Supreme Court's 2024-2025 patent docket has a growing number of cases awaiting consideration. I count fifteen pending cases that could reshape multiple facets of patent law. Continue reading this post on Patently-O.

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Patent Patent Law Invention Art 52

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. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.

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Art Copyright Copyright Law Registration 97

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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Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? 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. See [link].

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Patent Law Law Inventor Patent 96

IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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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

DECEMBER 8, 2021

This case helps show that patent law has arrived at Nerdsville. by Dennis Crouch. Astrazeneca AB v. Mylan Pharmaceuticals Inc. ( Actually, I’ve been here for a while and so welcome to all you newcomers.

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Patent Law Law Patent Art 80

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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Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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Design Patent Design Designs Graphic Design 111

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. The Court closely examined the independent claim 1 of the patent application. 201944047460.

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Invention Patent Patent Application Design 52

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. 5360/CHENP/2010).

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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Design Patent Design Designs Patent 119

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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Design Designs Patent Patent Application 103

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Patent Law Law Patent Invention 72

JD Supra Law

MARCH 4, 2025

The concept of the "person of ordinary skill in the art" (POSITA) remains pivotal in patent law, particularly in evaluating obviousness under 35 U.S.C. 103 and compliance with enablement and written description requirements under 35 U.S.C. By: Volpe Koenig

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ). 102(b)(1)(A) ).

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The IPKat

JANUARY 28, 2025

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine.

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Patent Law Law Patent Art 75

Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. The Winslow Tableau presents an unrealistic conception of the PHOSITA possessing encyclopedic knowledge of all prior art.

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Invention Patent Law Law Art 69

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3.

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Patent Law Law Patent Patent Application 78

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. Examiners are human. at least for now.

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Patent Application Patent Art Invention 98

The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” Inequitable conduct is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Rule 9(b) of the Federal Rules of Civil Procedure governs inequitable conduct claims.

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Art Inventor Patent Infringement Patent 98

Patently-O

SEPTEMBER 12, 2024

This post delves into these cases and what I call the ‘glove doesn’t fit’ fallacy in patent law obviousness doctrine; it also provides a discussion of how written description continues to be a risk, even in inter partes review (IPR) proceedings. Continue reading this post on Patently-O.

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Patent Law Law Patent Art 59

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

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Patent Law Law Patent Editing 66

JD Supra Law

AUGUST 11, 2021

Diehr, decided by the Supreme Court in 1981, seemed to establish a bedrock principle of statutory construction for patent law. 101 categories of possibly patentable subject matter." That proclamation appeared to slam the door shut on any consideration of novelty, or by.

Art 98

Art Patent Law Law Patent 98

The IPKat

JANUARY 14, 2024

S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Case background K-fee brought an infringement action against Nespresso for infringement of three patents in US patent family US 10858176. Neither the claim nor the description of the patent defined the term barcode.

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IP and Legal Filings

JANUARY 27, 2025

However, the information used for the purpose of training AI models belongs to third parties and, therefore, can be copyrighted or protected by patents. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

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Intellectual Property Design Designs Licensing 101

JD Supra Law

NOVEMBER 6, 2023

The Court of Appeals for the Federal Circuit recently addressed the issue of “analogous prior art,” a patent law doctrine fundamental to the legal determination of whether a patent is invalid as obvious over the prior art. By: Proskauer - Minding Your Business

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