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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Invention Patent Application Patent Patent Law 102

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

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Patent Law Patent Law Invention 111

JD Supra Law

JANUARY 16, 2023

2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions addressed important issues. We considered over 60 patent decisions reported last year.

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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. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Patently-O

MARCH 11, 2022

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Thaler – Apper Amicus (Against Patenting by AI).

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Inventor Patent Law Law Patent 127

JD Supra Law

AUGUST 10, 2021

This article explains how NFTs have been creating new challenges and opportunities specifically in the patent space. As we have previously written, non-fungible tokens, or NFTs, present novel challenges and opportunities for intellectual property holders. By: Sunstein LLP

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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.

Patent Law 98

Patent Law Law Patent Reporting 98

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.,

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Patent Law Law Patent Invention 97

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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Inventor Patent Invention Technology 189

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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Government Patent Invention Public Domain 119

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.

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Brands Branding Branding Patent Law 98

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. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

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Patent Law Patent Inventor Invention 137

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

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. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Journalism Art Patent Law Invention 105

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. Continue reading this post on Patently-O.

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Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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Patent Law Law Patent Litigation 95

The IPKat

MARCH 31, 2025

The system was developed in the 1950s, with a patent filed in Denmark in 1958. While these patents have long expired, Lego has continued to seek protection for its modular design through other legal avenues, including trade mark law (see C-48/09 , IPKat here ) and even copyright.

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Designs Design Patent Law Law 64

IPilogue

NOVEMBER 9, 2021

With a few weeks’ worth of law school, Google, and a healthy dose of procrastination, I went down a rabbit hole of plant patents and breeders’ rights to see if I could be fined or arrested for propagating some of my pothos cuttings. allows entire plants to be patented, Canada does not. Although the U.S. A comparison between U.S.

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Patent Law Law Patent Marketing 105

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

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Reporting Patent Law Law Patent 108

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. Vidal, meaning that the U.S.

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Patent Law Law Inventor Patent 128

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

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Patent Law Law Patent Intellectual Property 95

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Patent Law Law Patent Invention 72

SpicyIP

MARCH 11, 2025

Looking at different flexibilities under the Patent Act, like compulsory licensing, government use etc., Further, the case also involves the fundamental issue of limits of patent monopoly especially in critical areas like lifesaving medicines. SMA has an estimated incidence of 1 in 7,744 live births in India. 72 lakh per year.

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Licensing Government Patent Law 105

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. By: Sheppard Mullin Richter & Hampton LLP

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Patent Law Law Patent 70

IIPRD

JANUARY 7, 2025

PATENTS The arena of patents has evolved with time, and in contemporary times, the scope of subject matter that is patentable has also evolved, which in turn has modified the requirements of patents. As contemporary technology has developed, the patent system has faced fresh difficulties.

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IP Intellectual Property Invention Inventor 98

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

Patently-O

JULY 9, 2024

Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

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The IPKat

JANUARY 28, 2025

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.

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Invention Art Patent Design 90

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.

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Contracts Law Patent Licensing 119

Patently-O

NOVEMBER 3, 2021

Ebrahim is visiting at Iowa Law this semester, where he’s teaching Cybercrime & Security and Entrepreneurship Law & Ethics. His research interests are broad, and he recently completed a comparative work examining patents in Islamic law. patent law. patent law.

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Law Patent Intellectual Property Patent Infringement 106

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. Thus, in a post-COVID business environment, organizations should reevaluate their patent enforcement strategies within China.

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Patent Law Law Intellectual Property Patent 98

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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IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

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Technology Invention Patent Intellectual Property 52

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.

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Invention Patent Inventor Intellectual Property 128

IP Watchdog

JANUARY 13, 2025

Court of Appeals for the Federal Circuit (CAFC) on Monday, January 13, issued a precedential decision denying a state law conversion claim as being preempted by patent law and rejecting BearBox LLC owner Austin Storms bid to be named a sole or joint inventor on Lancium LLCs patent.

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Inventor Patent Patent Law Designs 64

Intepat

FEBRUARY 28, 2025

One of the most debated issues is human gene patents, which give a person or corporation ownership over who can modify their genetic materials code exclusively. Some believe that patents may lead to new inventions and research. Others maintain that it is problematic when a ruling body wants to patent human genes.

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Ownership Patent Intellectual Property IP 52

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.

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Patent Law Law Patent 45