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PatentProsecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7
This is the second article of the multi-part series discussing benefits of prosecutingpatents under PatentProsecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices.
by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patentprosecution strategies. Prior to 2015, over 35% of patents were examined by assistant examiners. 411 (2021). Here’s why: 1.
What does patentprosecution mean? Patentprosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. submitting known prior art.
On January 19, 2025, the United States Patent and Trademark Office (USPTO) enacted significant fee increases for both patents and trademarks. PatentProsecution Efficiency Rising fees for excess claims, RCEs, and IDS filings necessitate a leaner, more efficient approach to patentprosecution.
Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. Guideline F-IV 4.3 particularly focuses on the form, contents, and clarity of the claims.
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.
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). Food and Drug Administration (FDA).
Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patentprosecution can help ensure that software inventions get maximum protection.
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. I would encourage any law student interested in pursuing a career in patentprosecution to consider participating in the competition next year.
The United States Patent and Trademark Office (USPTO) has announced significant fee changes that will take effect on January 19, 2025. As a patent attorney, I want to highlight the key adjustments and their potential impact on patent applicants and strategies. for most patent-related services.
We’re pleased to inform you that LexisNexis has introduced LexisNexis PatentAdvisor Extension, a free web tool to display patent examiner statistics on USPTO Websites. LexisNexis Introduces LexisNexis PatentAdvisor Extension, Free Web Tool to Display Patent. Art unit’s average office actions to allowance. “As
Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. Here’s what you need to know about this accelerated pathway to patent protection.
Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.
Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. Suriya is a Patent Analyst from Salem Tamil Nadu.
The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. Amphastar (Fed. Beckton , Fed.
In an opinion issued on June 5, 2023, the Federal Circuit provided a useful framework for overcoming obviousness rejections during patentprosecution, where a proposed modification to a prior art reference renders it unsatisfactory for its intended purpose. By: Dinsmore & Shohl LLP
Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Part One – Helpful Tips for ProsecutingPatents in the Biotechnology Space. On September 22, 2022, the U.S.
Patents that are expected to protect a company’s most valuable innovations must stake a claim to that innovation and be equipped to defend it. This is because being worthy of patent protection doesn’t guarantee that an application’s claims to an innovation will not be rejected and rights to that innovation jeopardized.
S ubmissions made in US patentprosecution 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.
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.
Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.
On May 10, 2024, the US Patent & Trademark Office (PTO) issued a notice of proposed rulemaking (Notice) concerning major changes to the terminal disclaimer (TD) practice, which may lead to a sea change in patentprosecution strategies. By: McDermott Will & Emery
It is expected that the majority of the work done by students will relate to patent or trademark law. The students’ work will be supervised by lawyers from Norton Rose Fulbright LLP, Bereskin & Parr LLP, and OWN Innovation and may include: Performing prior art searches. Performing trademark searches. Performing trademark searches.
PatentProsecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7
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.
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.
This guide provides a step-by-step approach to developing an IP strategy for a single technology that a corporation aims to patent. 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.
This is the second article of the multi-part series discussing benefits of prosecutingpatents under PatentProsecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices.
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.
The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No.
Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. Controller of Patents , analysed by Amit here and here and the IPAB order in the State University of New York v. MSN Laboratories Pvt. Ltd and an r.
Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, holding Google LLC did not infringe patents held by Data Engine Technologies LLC (DET). Patent Nos. 5,590,259; 5,784,545; and 6,282,551 (the Tab Patents). 259 patent col.
It is expected that the majority of the work done by students will relate to patent law. Assisting with various steps in the patentprosecution process (i.e.: conducting prior art searches, reviewing patent specifications, etc.). IP Innovation Clinic Fellows (5-8 positions). Performing trademark searches.
It is expected that the majority of the work done by students will relate to patent and/or trademark law. Assisting with various steps in the patentprosecution process (i.e.: conducting prior art searches, reviewing patent specifications, etc.). IP Innovation Clinic Fellows (3-5 positions).
The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background
Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. But 75% of new patents list two or more inventors who are unlikely to have experienced joint or simultaneous conception. by Dennis Crouch. Conception is typically referred to as a mental act. .” 2020), cert.
Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,827,549 (the “’549 patent”) and its parent, U.S.
by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict. Google LLC , No. C 20-06754 WHA, 2023 WL 6542320 (N.D.
This week on IPWatchdog Unleashed I speak with my friend Jason Harrier, former Chief Patent Counsel at Capital One and current co-founder and General Counsel of artificial intelligence (AI) company IP Copilot.
Kat-assisted AI drug discovery Patents versus marketing in AI drug discovery A crucial consideration in AI-assisted drug discovery is the relationship between patent protection and disclosure. Nonetheless, the inventive story behind a novel compound may still play a crucial role during patentprosecution and/or subsequent litigation.
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) patentprosecution. Are patent litigators required to be registered to practice before the USPTO?
Having freelanced as a patent research analyst, he developed an interest in patentprosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. course at NLSIU Bangalore. Article 3.2
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