JD Supra Law

JULY 5, 2022

Article 76 of the Fourth Amendment1 to the Chinese Patent Law links regulatory approval of a generic drug and patent protection of the brand-name drug. It establishes a legal framework for resolving drug patent disputes before approval of the generic drug product similar to the Hatch-Waxman Act in the United States.

Branding 98

Branding Brands Branding Patent Law 98

JD Supra Law

JANUARY 28, 2022

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of patent law. By: Smart & Biggar

Patent Law 98

Patent Law Law Patent Reporting 98

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. 2021 Patently-O Patent Law Journal 34. Pre-AIAPatents ).

Journalism 105

Journalism Art Patent Law Invention 105

Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Lexmark argued that these restrictions should be enforceable through patent law, similar to the reasoning in A.B.

Patent Law 111

Patent Law Patent Law Invention 111

JD Supra Law

AUGUST 10, 2021

This article explains how NFTs have been creating new challenges and opportunities specifically in the patent space. NFTs continue to make waves, even as there is much speculation about their long-term future. By: Sunstein LLP

Non-Fungible Tokens 102

Non-Fungible Tokens Patent Law Law Intellectual Property 102

Patently-O

MARCH 11, 2022

In a forthcoming article, I argue that the PTO’s don’t-ask-don’t-tell approach is a truly problematic legal fiction. ” This holding is simply inconsistent with the Patent Act’s plain language, Congressional intent, and the Constitution. The result of which will be to discourage innovation, limit. Thaler Brief.

Inventor 127

Inventor Patent Law Law Patent 127

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,

Patent Law 97

Patent Law Law Patent Invention 97

JD Supra Law

JANUARY 18, 2024

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions. By: Smart & Biggar

Patent Law 79

Patent Law Law Patent Reporting 79

The IPKat

MARCH 31, 2025

It protects only the appearance of a product (Article 3(a) CDR) and does not confer rights over characteristics of the appearance of a product which are exclusively imposed by its technical function (Article 8(1) CDR). The present case illustrates that the issue is by no means limited to patent law.

Designs 64

Designs Design Patent Law Law 64

Patently-O

FEBRUARY 24, 2022

And, although the license is set to expire before the patents, the court found that potential future infringement to be too speculative. The petition asks the following question: Whether a licensee has Article III standing to challenge the validity of a patent covered by a license agreement that covers multiple patents.

Patent Law 95

Patent Law Law Patent Litigation 95

JD Supra Law

MARCH 29, 2024

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010.

Patent Law 70

Patent Law Law Patent 70

SpicyIP

AUGUST 1, 2021

Reviewing this provision to include patenting discovery of non-living substances tips the fine balance that currently exists in the patent regime and over-extends monopoly rights. Section 3(j) was introduced through the 2002 amendment to the Patents Act to meet India’s TRIPS obligation under Article 27 [Patentable Subject Matter].

Reporting 108

Reporting Patent Law Law Patent 108

Plagiarism Today

JULY 3, 2024

But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.

Trademark 203

Trademark Copyright Plagiarism Patent 203

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines.

Patent Law 137

Patent Law Patent Inventor Invention 137

IP Watchdog

SEPTEMBER 3, 2023

Arnold & Porter, an international law firm, is seeking a Life Sciences Patent Law Clerk or Patent Agent for the Intellectual Property practice group in the Washington DC office.

Patent Law 72

Patent Law Law Patent Intellectual Property 72

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

Patent Law 128

Patent Law Law Inventor Patent 128

Patently-O

MARCH 19, 2025

2025), which upheld patent claims even though they covered after-arising technology that was not described or enabled in the specification. As Dennis noted, the Federal Circuit appeared to depart from well-established prior law on the subject.

Technology 53

Technology Patent Blogging Patent Law 53

Patently-O

OCTOBER 16, 2024

by Dennis Crouch This post offers some insight into four patent-focused academic articles that I've been reading lately. A textualist approach to patent eligibility under 35 U.S.C. § Reflections on the Myriad gene patenting decision, ten years later 3. To continue reading, become a Patently-O member.

Patent Law 45

Patent Law Law Patent 45

JD Supra Law

JUNE 13, 2024

Supreme Court, who died in December 2023, this article examines women's representation in the legal industry and in patent law. While an increasing number of women earn law degrees, women continue to be underrepresented as practicing attorneys and in leadership positions.

Patent Law 106

Patent Law Law Patent 106

SpicyIP

MARCH 11, 2025

Further, the case also involves the fundamental issue of limits of patent monopoly especially in critical areas like lifesaving medicines. The general understanding is that patent law needs to balance the private and public interests, i.e., the interest of the patent holders vis a vis public interest like access to medicines.

Licensing 105

Licensing Government Patent Law 105

JD Supra Law

MARCH 17, 2023

The evolution of artificial intelligence (AI) machines has resulted in a number of interesting issues in both copyright and patent law. See, for example, our prior articles involving attempts to qualify machine-made works for patent and copyright registration.

Intellectual Property Law 117

Intellectual Property Law Intellectual Property Law Registration 117

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”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

Design Patent 52

Design Patent Design Designs Technology 52

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. Similarity" is not a test for inventive step The CIPA Journal article proposes that AI-PreSearch could be used in a new inventive step test.

Journalism 64

Journalism Invention Art Patent 64

Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution.

Inventor 189

Inventor Patent Invention Technology 189

Patently-O

AUGUST 11, 2022

Note that top ranked law schools rarely advertise for particular subject matter areas. For the most part, new tenure-track law professors will have already published law review articles and have some sort of teaching experience.

Patent Law 66

Patent Law Law Patent Advertising 66

IP Watchdog

AUGUST 15, 2023

With its recent revisions to its patent enforcement and damages laws, China took a decisive step towards a more rigorous patent system that favors patentees, both domestic and foreign.

Patent Law 98

Patent Law Law Intellectual Property Patent 98

The IPKat

JANUARY 28, 2025

Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence. Beyond this high-level guidance from Article 2 of the Protocol, the UPC faces the challenge of developing its own approach to assessing infringement by equivalence.

Invention 90

Invention Art Patent Designs 90

LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. 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

JD Supra Law

JULY 2, 2023

The Chinese Patent Law, specifically Article 24, prescribes that an invention-creation for which a patent is applied does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for public interest when the country is in an emergency or an abnormal state; (2) (..)

Patent Law 52

Patent Law Law Patent Invention 52

IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

Contracts 119

Contracts Law Patent Licensing 119

IP Watchdog

NOVEMBER 3, 2023

Arnold & Porter, an international law firm, is seeking a Life Sciences Patent Law Clerk or Patent Agent for the Intellectual Property practice group in the Washington DC office. The Patent Law Clerk/ Patent Agent will be directly supervised by an attorney and get individualized patent law training.

Patent Law 59

Patent Law Law Patent Intellectual Property 59

Patently-O

OCTOBER 13, 2023

by Dennis Crouch The Federal Circuit’s new Finjan decision once again focuses attention on what I call patent law’s “ indefinite article shuffle.” ” Finjan v. SonicWall — F.4th 4th — (Fed.

Litigation 59

Litigation Patent Patent Law Law 59

IIPRD

JANUARY 7, 2025

If such products were created by a human inventor, they could be eligible for patent protection. A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators. 362 [10] Lionel Bently et al.,

IP 98

IP Intellectual Property Invention Inventor 98

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

Journalism 56

Journalism Trademark Patent Patent Law 56

JD Supra Law

JANUARY 12, 2023

In a recent article, we argued that patent law's current subjective and inconsistently-applied mental process doctrine is erroneously based on a false equivalence between human and machine cognition.

Invention 98

Invention Patent Law Law Patent 98

IP Watchdog

MAY 30, 2024

patents despite the fact that the traditional basis for ODP doctrine no longer exists under U.S. patent law. The NYIPLA’s brief contends that the Federal Circuit’s decision increases the risk of invalidity for a significant portion of U.S.

Patent Law 59

Patent Law Intellectual Property Law Law Patent 59

LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52