JD Supra Law

FEBRUARY 7, 2023

Numerous articles have already explored large language models like ChatGPT and what they can and cannot do -- as well as the broad impact of such models on the legal profession. By: McDonnell Boehnen Hulbert & Berghoff LLP

Patent Application 106

Patent Application Patent 106

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The patent as granted ( EP2657138 ) related to a food product handling system (e.g. a burger patty production line). Nevertheless, the description and drawings shall be used to interpret the claims ".

Art 116

Art Patent Application Patent Invention 116

Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? It can feel overwhelming.

Patent Application 98

Patent Application Patent Design Designs 98

SpicyIP

JULY 28, 2022

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. vs. THE CONTROLLER OF PATENTS [ C.A.(COMM.IPD-PAT)

Patent Application 105

Patent Application Patent Art Reporting 105

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. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.

Patent 212

Patent Patent Application Technology Invention 212

SpicyIP

JULY 28, 2022

Continuing on from the previous blogpost , we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. Author: Amit Tailor.

Patent Application 110

Patent Application Patent Reporting Publishing 110

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. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.

Patent 189

Patent Patent Application Invention Art 189

JD Supra Law

DECEMBER 4, 2024

According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. By: Linda Liu & Partners

Patent Application 70

Patent Application Designs Design Design Patent 70

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Art 126

Art Journalism Patent Law Invention 126

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).

Patent Application 115

Patent Application Art Patent Trademark 115

JD Supra Law

OCTOBER 3, 2024

We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent applications that can provide value now, as well as in the future.

Patent Application 62

Patent Application Invention Patent 62

IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

Patent Application 98

Patent Application Patent Invention Patent Prosecution 98

IP Watchdog

DECEMBER 28, 2022

In our previous blog post, we covered claim construction, Markush Groups, and dependent claim invalidation.

Patent Application 115

Patent Application Patent Blogging Law 115

Intellectual Property Law Blog

NOVEMBER 22, 2021

Under PPH, prosecution of a patent application previously filed with a participating patent office can be fast-tracked in another participating patent office if the patent application meets certain requirements. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

Patent Prosecution 189

Patent Prosecution Patent Patent Application Copying 189

JD Supra Law

JUNE 9, 2022

The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are similar to draft rules published for public comment in 2021 and discussed in our previous article. By: Smart & Biggar

Patent Application 98

Patent Application Patent Publishing 98

IP Watchdog

OCTOBER 12, 2022

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces.

Patent Application 128

Patent Application Intellectual Property Patent Government 128

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Journalism 105

Journalism Art Patent Law Invention 105

The IPKat

MAY 24, 2024

The crux of the Treaty is an international disclosure requirement related to genetic resources and traditional knowledge associated with genetic resources in patent applications. The requirement is not retroactive (Article 4). No reservations are permitted (Article 20). R.I.P. the Patent Bargain?

Reporting 134

Reporting Intellectual Property Patent Application Invention 134

IP Watchdog

JUNE 19, 2023

While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

Patent Application 122

Patent Application Patent Litigation Patent Prosecution 122

The IPKat

DECEMBER 27, 2021

In order to provide for all alternative scenarios in respect of AI innovation, the applicant submitted an auxiliary request according to which a natural person was indicated to have "the right to the European Patent by virtue of being the owner and creator of" the artificial intelligence system DABUS.

Inventor 122

Inventor Patent Application Invention Designs 122

SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. On its own, this does not necessarily indicate any reason for raising eyebrows.

Patent Application 64

Patent Application Inventor Patent Intellectual Property 64

IP Watchdog

SEPTEMBER 28, 2022

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.

Patent Application 128

Patent Application Patent Patent Drafting Invention 128

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

Patent 105

Patent Invention Publishing Art 105

IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S. Why make this request? What are the pros and cons?

Patent Application 133

Patent Application Patent Trademark Patent Prosecution 133

The IPKat

MAY 18, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions [ materially/directly ] based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

Reporting 126

Reporting Intellectual Property Invention Patent Application 126

Patent Trademark Blog

MARCH 5, 2025

The general rule is that utility patents expire 20 years from the filing date of the earliest nonprovisional application in the patent family. Notice that a provisional patent application does not reduce the term of a utility patent.

Patent Application 52

Patent Application Patent Invention Art 52

The IPKat

JULY 11, 2022

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

Patent Law 145

Patent Law Publishing Inventor Law 145

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

Marketing 162

Marketing Marketing Settlement Patent 162

IP Watchdog

JUNE 30, 2023

This week in Other Barks & Bites: The United States Patent and Trademark Office (USPTO) notifies 61,000 trademark applicants of a data breach; USPTO Director Kathi Vidal admonishes VLSI; and the European Patent Office (EPO) announces a 2.5% increase in patent applications.

Patent Application 94

Patent Application Patent Trademark IP 94

Patently-O

JUNE 30, 2021

Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement.

Patent Application 132

Patent Application Invention Patent Reporting 132

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. As noted by the USPTO, the guidance does not provide any new practice or procedure but.

Design Patent 114

Design Patent Designs Design Patent 114

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The article was inspired by the EPO's AI assisted search tool, AI-PreSearch. The model could be used to search the whole application or parts of it, such as the claims.

Journalism 64

Journalism Invention Art Patent 64

JD Supra Law

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as explained in our previous post, the U.S.

Designs 62

Designs Design Design Patent Patent Application 62

JD Supra Law

APRIL 29, 2022

Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”. By: Dunlap Bennett & Ludwig PLLC

Design Patent 98

Design Patent Designs Design Patent 98

The IPKat

NOVEMBER 27, 2022

The Board of Appeal in this latest decision explicitly disagreed with T 1989/18 , and found legal basis for adaptation of the description in line with the claims in Article 84 EPC and Article 69 EPC. Supporters of the description amendment requirement point to Article 84 EPC and Article 69 EPC.

Invention 124

Invention Patent Application Patent Art 124

IPilogue

OCTOBER 25, 2021

Madelaine published this article as a requirement for her internship at ventureLAB. The article was originally published on October 15, 2021, as part of ventureLAB’s 101 Series. This article is the fourth in a 5-part series on protecting your intellectual property. Part 3: Filling for a Patent or Trademark, What Can I Expect?

Intellectual Property 105

Intellectual Property Patent Application Patent Reporting 105

The IPKat

FEBRUARY 8, 2022

A referral on the co/joint applicants approach to priority has long been expected ( IPKat ), and the new referrals will hopefully provide some much legal clarity on this issue. The patentee's argument that a PCT joint applicants approach should be taken was thus rejected.

Inventor 129

Inventor Designs Design Patent Application 129