SpicyIP

OCTOBER 21, 2024

Patenting at the Frontiers, Algorithms and Section 3(k) Taking the discussion on Section 3(k) and algorithms forward, Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores what exactly is the distinction between Computer Programmes and Algorithms. Making Tall Claims: Amendments u/s.

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The IPKat

AUGUST 10, 2021

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim.

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The IPKat

OCTOBER 31, 2023

Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.

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Invention Art Publishing Patent Application 121

Larson & Larson

NOVEMBER 12, 2024

Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. What is Track One? Track One might be the competitive edge you need.

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Patent Application Patent Marketing Marketing 40

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

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Patent Application Patent Patent Drafting Invention 81

The IPKat

FEBRUARY 21, 2023

A recent decision from the Board of Appeal ( T 1303/18 ) confirmed the high bar of a "clear and unambiguous disclosure" of the claimed subject matter in the priority document is necessary for a valid priority claim. The opponent argued that claim 1 as granted was not entitled to this priority date.

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Patent Application Invention Patent Prosecution Patent 91

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. Invention statements will be released to teams on November 1, 2021.

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Patent Application Patent Drafting Patent Invention 78

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 81

JD Supra Law

JULY 19, 2024

An invention disclosure form is a document used to capture detailed information about a new invention or discovery. The first step in the patent application process, the form plays a crucial role in protecting intellectual property.

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Invention Intellectual Property Patent Application Marketing 62

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. It follows then that such PCT applications are to be made in accordance with the PCT and Regulations under the PCT.

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IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Intepat

DECEMBER 25, 2024

These amendments, effective from March 15, 2024, introduce several key changes to streamline the patent amendment process, ensure timely decisions, and provide special provisions for small entities and startups. This article provides a detailed analysis of the amended rules and their implications for patent applicants and holders.

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SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v.

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SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

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Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

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The IPKat

JANUARY 19, 2025

In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step.

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Patently-O

JULY 18, 2022

2022) should cause patent attorneys to pause once again as they draft patent applications and consider any characterizations of the technology as “conventional”; “well known”; or even “known in the art.” ‘607 Patent, Col 5, line 55. Natera, Inc. , — 4th — (Fed.

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IP.com

NOVEMBER 7, 2024

This involves: Detailed Technical Analysis: Conduct a comprehensive analysis of the technology, including its features, advantages, use cases, and potential applications. This helps in determining the novelty and non-obviousness of the invention. Claims Drafting: Draft strong patent claims that define the scope of protection.

Technology 52

Technology IP Cease and Desist Patent Application 52

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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Art Publishing Patent Application Invention 105

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Reading a long legal document to help you fall asleep.

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SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

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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. The document reviewed certain clinical trial records related to the vaccine’s development.

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Selvam & Selvam Blog

APRIL 1, 2025

Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian Patent Application No. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability. In response, the applicant submitted detailed responses and attended multiple hearings. 201944047460.

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Patently-O

APRIL 30, 2024

Although documents are widely available today via our vast network of digital communications, there is also increasing junk in the system — documents making unsubstantiated claims that are effectively science fiction. That claim requires too much follow-on research work and so does not sufficiently disclose the invention.

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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 CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

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The IPKat

SEPTEMBER 15, 2021

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. The inventor of DABUS, Dr Thaler, claims that his AI invention has extraordinary powers (for a machine).

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Kashishipr

DECEMBER 28, 2021

Conducting FTO Analysis Based on Patent Literature Search. An FTO analysis always starts with searching the patent literature and documents for granted or pending patents. Patents have a limited scope, and it is defined in the claims section of a patent document. Overcoming Obstacles .

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SpicyIP

JULY 5, 2021

application of Section 8(1)(d) by the CIC and argues that the thesis is a public document as per UGC guidelines which cannot be withheld from the public. The RTI application was filed in 2019 in response to which the CPIO made the assertion that the scholar has a patent in the USA, on the invention discussed in his thesis.

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SpicyIP

FEBRUARY 6, 2025

Recently, an interesting order was issued in Patent Application No. 202417006578 ( pdf ), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. Image from here.

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Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. patents and patent applications.

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SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v.

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SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. The first decision concerns application no. a tobacco company.

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Invention Patent Art Patent Application 119

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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Patent Application Patent Invention Designs 52

Patently-O

SEPTEMBER 29, 2022

Here, that “intrinsic record” is the patent document and the “Rule 12 record” is the complaint. In its amended complaint, the patentee alleged two “inventive concepts.” In addition, the patent application itself treats these features as important improvements to content distribution systems.

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Patently-O

JULY 16, 2023

The problem: the reissue claims omit an “essential element” of the original invention in violation of 35 U.S.C. Before getting an investor, these guys filed a low quality initial patent application that had unduly narrow claims that were exploited by knock-off versions and really just disclosed a single embodiment.

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Patent Invention Patent Prosecution Patent Application 98

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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