IP Watchdog

NOVEMBER 30, 2021

These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure.

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Litigation Patent Prosecution Patent Patent Application 106

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 risks?

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Patent Application Patent Trademark Patent Prosecution 133

IP Watchdog

JULY 12, 2022

Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) in the Federal Register announcing that the agency would be revising its rules of practice to require that information disclosure statements related to patent term adjustments (PTAs) be submitted on Form PTO/SB/133. Today, the U.S.

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Patent Prosecution Patent Patent Application Publishing 57

IP Watchdog

NOVEMBER 26, 2022

The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. decrease in filings and a 1% increase in trademark filings. Trademark applications grew at a much faster rate than patent applications, with a 5.5% in trademark filing activity.

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Reporting IP Intellectual Property Patent Application 137

IP Watchdog

NOVEMBER 5, 2023

Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. Numerous letters have been submitted to the U.S.

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Intellectual Property Law Patent Intellectual Property Patent Application 123

IP Watchdog

JANUARY 30, 2023

Patent and Trademark Office (USPTO) and the U.S. Food and Drug Administration (FDA) to address drug patent issues, 30 public comments were filed in response to the Federal Register notice issued last November seeking input on ways that both agencies could promote both innovation and patient access to generic pharmaceuticals.

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Patent Prosecution Patent Application Branding Brands 52

IP Watchdog

OCTOBER 24, 2023

Patent and Trademark Office’s (USPTO) Office of the Chief Economist (OCE) published a report detailing patent application filing trends at the USPTO related to COVID-19 diagnostics technologies. On October 23, the U.S.

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Reporting Patent Application Publishing Technology 120

IP Watchdog

MAY 14, 2024

Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).

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Patent Application Blogging Reporting Trademark 62

IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

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IP Copyright Infringement Inventor Intellectual Property 106

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

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Patent Application Patent Trademark Patent Prosecution 109

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Article 13.2 Similar language is incorporated in Article 13.3 of the EFTA-India FTA.

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Patent Patent Application Intellectual Property Law 72

IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

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Inventor Technology Patent Application Invention 142

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

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Design Patent Designs Design Patent 57

IP Watchdog

JUNE 6, 2023

Patent and Trademark (USPTO) published a pair of documents in the Federal Register regarding due dates on new document formatting requirements for patent applications filed with the Office. Today, the U.S.

Patent Application 57

Patent Application Publishing Trademark Patent 57

SpicyIP

JULY 31, 2023

The present case is perhaps the first where the court deconstructs the question of patentability and infringement of product-by-process patent claims in India. Article 64(2) of the EPC states that if a subject matter is a process, then the patent protection shall be extended to products directly obtained by such process.

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Patent Invention Patent Prosecution Inventor 98

Patent Trademark Blog

AUGUST 13, 2021

While the deferral benefits of a PCT application may be more well known, the PCT can be an effective tool to streamline national stage filings. In fact, the PCT application can help reduce costs and timelines of the subsequent nationalizations. The post What PCT strategy would help a US national stage application?

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Art Reporting Patent Prosecution Patent Application 74

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Patent Application No. Patent Application No. patent term to 20 years from the effective filing date, took effect on June 8, 1995.

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Patent Application Inventor Litigation Patent 67

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

AUGUST 1, 2022

Late last week, United States Patent and Trademark Office (USPTO) Director Kathi Vidal announced in a blog post that the agency had issued a notice in the Federal Register, which was published on Friday, to clarify the duties of disclosure and reasonable inquiry for pharmaceutical patent applicants, as well as parties to Patent Trial and Appeal Board (..)

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Patent Application Blogging Publishing Patent 67

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 honors from Emory University, where she was the articles editor of the Emory Law Journal. Chet Campbell focuses his practice on patent litigation at the U.S.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

IP Watchdog

OCTOBER 23, 2022

Patent and Trademark Office (USPTO) is currently assessing comments collected pursuant to a pair of requests for public input, one focused on the agency’s subject matter eligibility guidelines for examining patent applications for 35 U.S.C. § Supreme Court case law.

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Copying Patent Application Patent Trademark 44

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Federal trademark registration is the strongest form of protection, as it is nationwide in scope and gives potential infringers constructive notice by virtue of being published in the Trademark Register.

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IP Registration Trademark Branding 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. The lithium-ion battery, introduced commercially in 1991, has expanded far beyond the consumer electronics industry, sparking a gold rush of research aimed at producing lower-cost, higher-performance batteries that can be used in a wider range of applications.

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Intellectual Property Litigation Patent Prosecution IP 52

SpicyIP

JULY 22, 2023

Reform in Law However, while the patent application numbers are on the rise, the Industry has expressed concerns over the patent prosecution and examination regime in India. It also obligates the users of such technology to ‘demonstrate transparency’ in claims for intellectual property (Refer to pages 6, 10 and 13).

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IP Intellectual Property Reporting Government 98

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). But patent holders must also beware of challenges from competitors and demands for interoperability from consumers.

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Intellectual Property Technology Journalism IP 52