Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Claims: 1.

Invention 57

Invention Art Patent Designs 57

IP Watchdog

APRIL 18, 2023

The Council for Innovation Promotion (C4IP) on Monday held a webinar featuring some big names in the IP world to clear up what the organization characterizes as misguided views on the use of Title 28 of the U.S. government statement of interest filed in a patent infringement suit against Moderna, Inc.’s patented invention.

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Patent Infringement IP Government Patent 127

The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

IP 131

IP Branding Brands Branding 131

IP Watchdog

SEPTEMBER 5, 2023

Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.

Invention 73

Invention Inventor Patent Law 73

IP Watchdog

SEPTEMBER 29, 2021

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.

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Invention Patent Inventor Government 145

IP and Legal Filings

JULY 15, 2024

INTRODUCTION To identify the role of public funded research in the pharmaceutical industry one has to first determine the problems faced by the public in accessing these inventions and the level of patenting activities in the public funded research institutions in the pharmaceutical sector.

Patent 78

Patent Invention Licensing Journalism 78

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

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. Read the full article on Managing IP. can significantly complicate the coordination of a global patent strategy.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IP Watchdog

OCTOBER 22, 2023

In Part I of this article, I recalled the early years of the U.S. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy. patent system, which is necessary for continued innovation leadership, economic success, and national security.

Invention 119

Invention IP Patent Government 119

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 127

Invention Patent Inventor Intellectual Property 127

IP Watchdog

OCTOBER 1, 2023

In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. Patent and Trademark Office (USPTO) examining corp.

Invention 137

Invention Patent Designs Design 137

IP Watchdog

JUNE 25, 2024

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB. This article focuses on the “total invalidation” rate where all challenged claims are found invalid such that the patent is effectively killed off.

Intellectual Property Law 115

Intellectual Property Law Intellectual Property Invention Patent 115

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) held its East Coast Listening Session on AI Inventorship today, featuring both USPTO staff and patent stakeholder speakers contemplating possible approaches to patenting in a world in which generative artificial intelligence (AI) almost seems to have snuck up on everyone.

Invention 130

Invention Trademark Patent Inventor 130

IP Watchdog

SEPTEMBER 16, 2021

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution.

Invention 122

Invention Patent Patent Law Law 122

JD Supra Law

OCTOBER 13, 2021

Under the patent statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The term “machine” used in the statute is self-explanatory.

Patent 101

Patent IP Invention Law 101

Intellectual Property Law Blog

SEPTEMBER 8, 2021

This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. See Alice Corp. CLS Bank Int’l , 134 S.

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Patent Patent Application Invention Art 246

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

Intellectual Property Law Blog

SEPTEMBER 1, 2021

This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. See Alice Corp. CLS Bank Int’l , 134 S. Part Two.

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Patent Patent Application Technology Invention 275

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

Invention 52

Invention Intellectual Property Patent Copyright 52

The IP Law Blog

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.

Patent 111

Patent Patent Application Invention Advertising 111

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

Design Patent 52

Design Patent Designs Design Technology 52

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display:

Patent Application 52

Patent Application Invention Patent Licensing 52

IP Watchdog

JUNE 27, 2023

patent system. Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.

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Settlement Patent Invention IP 128

IPilogue

MARCH 29, 2022

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. Trends and Challenges in Canada’s IP Ownership and a Collective’s Role in Addressing these Challenges.

Technology 122

Technology IP Intellectual Property Ownership 122

Patently-O

MAY 19, 2024

’ This quote from Professor James Stern’s new article introduces the conventional view that ideas and information are nonrivalrous, in contrast to the rivalrous nature of tangible goods. But Stern’s new article bucks the conventional wisdom and instead argues that the nonrivalry of IP is a myth.

Patent Law 44

Patent Law Law Intellectual Property Patent 44

IP Watchdog

JANUARY 1, 2022

It's New Year's Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”)

IP 135

IP Invention Patent 135

Intepat

JULY 3, 2024

Innovations and patents are crucial for corporate success, as they provide a competitive advantage. With rising capital needs and global financial market opportunities, patents are attractive to stakeholders and investors. These methods interact with each other to complete the Praxis Method of Patent Evaluation.

Licensing 52

Licensing Patent Marketing Marketing 52

Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Commentary and Journal Articles: Atty.

Patent 113

Patent Inventor Journalism Intellectual Property 113

IP Watchdog

DECEMBER 19, 2022

Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S.

IP 139

IP Invention Art Business 139

SpicyIP

JULY 31, 2023

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.

Patent 98

Patent Invention Patent Prosecution Inventor 98

IP Watchdog

SEPTEMBER 13, 2023

2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Benjamin Moore & Co.

Invention 62

Invention Patent Litigation Technology 62

IP Watchdog

JULY 14, 2022

Earlier this month, IP diversity advocacy group Invent Together announced that it had launched an online learning platform known as The Inventor’s Patent Academy (TIPA), an e-learning course designed in collaboration with Qualcomm to educate inventors from diverse and underrepresented backgrounds about the benefits of engaging with the U.S.

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Inventor Invention Patent IP 123

The IP Law Blog

OCTOBER 12, 2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime owned several patents covering systems and methods for digital data compression. These categories are referred to as “patent-eligible subject matter.”

Patent 120

Patent Invention Law Patent Law 120

LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”).

Patent 98

Patent Invention Inventor Art 98

SpicyIP

MARCH 16, 2024

Image from here On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. These provisions were:- Article 13.3 Article 11.7 Article 11.7 There will likely be more posts in the coming days that take a deeper look into these Rules.

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Publishing Patent Confidentiality IP 64

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. And encouraged participants to draw inspiration from Shamnad’s scholarship.

Law 137

Law IP Editing Intellectual Property 137

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. People.ai’s patents are some of the latest casualties.

Patent 98

Patent Invention Business Patent Application 98