Intellectual Property Law Blog

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. Filing patent applications under PPH can drastically reduce time it takes to prosecute the patent applications.

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IP Watchdog

JANUARY 9, 2023

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.

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The IPKat

JANUARY 22, 2025

The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.

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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. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). See Alice Corp. CLS Bank Int’l , 134 S. Part Three.

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Selvam & Selvam Blog

OCTOBER 19, 2024

For inventors seeking to patent inventions involving biological resources, the Act mandates obtaining approval from the National Biodiversity Authority (NBA). This article explores the key aspects of the BDA, the role of NBA, and the process for obtaining the necessary approvals. . Requirement of NBA Approval in relation to Patents?

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The IPKat

JANUARY 15, 2025

A recent EPO Board of Appeal decision considered the patentability of human-animal chimeras and where the line should be drawn on moral acceptability ( T 1553/22 ). Chimeric totipotent cells, capable of producing an entirely new organism in full, therefore represent a greater moral hazard than pluripotent stem cells.

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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. For those who say you can’t patent an idea, I’m using the term idea loosely.

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Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. 1 are defined in an article published in 2020 by the USPTO. AI patent activities by year. from 1990-2018. The eight AI components in FIG.

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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. D8 is a patent relating to a filing unit. The patent was thus revoked in its entirety. Not a robot?

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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

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SpicyIP

NOVEMBER 9, 2024

Dr. Abolkheir labels the inherent fallacy within patent law as “ inventio ad hominem ” fallacy. Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself. Cipla Ltd. ,

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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.

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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)

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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.

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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).

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SpicyIP

JANUARY 20, 2025

Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. 72 lakhs for children (12 bottles) and Rs 1.86

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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.

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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

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IP Watchdog

MARCH 27, 2025

On Tuesday, the European Patent Office (EPO) published the Patent Index 2024, the latest edition of the EU patent agencys annual snapshot into global innovation through the lens of European patent application filings.

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IP Watchdog

DECEMBER 28, 2022

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

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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).

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IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. 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.

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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. By: Baker Donelson

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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. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. 86 FR 36257. In Thaler v.

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JD Supra Law

JUNE 9, 2022

Rules amending the Patent Rules1 were registered on June 2, 2022 and will largely come into force on October 3, 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.

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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.

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Intepat

DECEMBER 25, 2024

The Patent Amendment Rules, 2024, represent a significant overhaul of the Indian patent system, aimed at enhancing efficiency, transparency, and accessibility. This article provides a detailed analysis of the amended rules and their implications for patent applicants and holders.

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Intellectual Property Law Blog

JUNE 7, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this article series covers claim scope and inventorship.

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IP Watchdog

MARCH 31, 2025

Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patent applications and performing invalidity and infringement analysis.

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SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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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.

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IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% The index showed that U.S. increase from 2021.

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ). 102(b)(1)(A) ).

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The IPKat

FEBRUARY 13, 2025

The ruling tries to clarify the interpretation of Article 3 of EU Regulation No. The CJEU also considered the " Teva test," which was developed in its previous ruling in Teva v Gilead (Case C-121/17) regarding the specific interpretation of Article 3(a) of the SPC Regulation. Merck obtained the SPC based on patent EP 1412357 (EP '357).

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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). No reservations are permitted (Article 20).

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Patent Trademark Blog

FEBRUARY 7, 2025

Is it too late to reinstate your utility patent? Time is of the essence when it comes to renewing unintentionally expired utility patents. While a utility patent is technically not renewed , we will use that term since it’s easier to understand. But what happens when you miss a patent maintenance fee?

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Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.

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