Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

Patent Law 96

Patent Law Law Inventor Patent 96

Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

Art 124

Art Branding Branding Brands 124

JD Supra Law

APRIL 26, 2024

This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners.

Patent Law 62

Patent Law Law Technology Patent 62

Patently-O

NOVEMBER 11, 2024

by Dennis Crouch Patent law cases continue to be brought to the Supreme Court's attention, even though the court has not granted certiorari in any patent case for some time. Twelve potential cases have documents on file with the court.

Patent 45

Patent Patent Law Law 45

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). These applications would not be subject to the provisions of the AIA unless the application contained a claim that did not properly find support in the pre-AIA priority document(s).

Invention 124

Invention Inventor Patent Application Patent Law 124

SpicyIP

JULY 18, 2024

Facts In the given case, the University of Ulm (Germany) filed a patent application (Application No.645/CHENP/2011 The appellant filed various prior art documents and the USPTO decision that granted the patent after evaluation of the prior art documents. The above patent application was filed in 2011.

Designs 103

Designs Design Patent Patent Application 103

IP Law 360

SEPTEMBER 6, 2023

Recent decisions and pronouncements demonstrate that intellectual property and patent laws struggle to keep pace with the rapid development of artificial intelligence, meaning creators of AI-generated content should closely document their contributions to their work, say attorneys at Cooley.

Intellectual Property 75

Intellectual Property Patent Copyright Patent Law 75

SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.

Designs 59

Designs Design Law Intellectual Property 59

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. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U.

Art 111

Art Invention Patent Application Publishing 111

The IP Law Blog

JANUARY 5, 2023

After the hearing, the court ordered production of documents ranging from communications between Mr. Hall, Mavexar, and IP Edge to the formation of Nimitz, its assets, its potential scope of liability from obtaining the patent, and the potential settlement of various cases.

Litigation 98

Litigation Patent Confidentiality Settlement 98

Selvam & Selvam Blog

APRIL 1, 2025

The application initially underwent examination, and the First Examination Report (FER) dated 14.10.2020 raised objections based on lack of novelty and inventive step with reference to prior art documents D1 and D2. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability.

Invention 52

Invention Patent Patent Application Designs 52

Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Still, the primary guide is the ANDA documents as the source of infringement in this highly regulated area.

Branding 87

Branding Brands Branding Marketing 87

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

More Than Your Mark

JULY 2, 2021

The decision saw the Supreme Court apply a “non-contradiction” rule to assignor estoppel issues, which requires one to determine whether the inventor truly gave up the ability to challenge the validity of the patent in question in the assignment document. Contact Norris McLaughlin about Patent Protections.

Inventor 94

Inventor Patent Patent Application Blogging 94

Patently-O

OCTOBER 16, 2023

Although claim fluidity remains an integral principle in patent law, Sonos adds considerable viscosity to the practice. As one family-member patent is about to issue (or be abandoned), the patentee makes sure to file a continuation application with a new set of patent claims and claiming priority back to the original filing documents.

Patent 126

Patent Patent Prosecution Invention Inventor 126

SpicyIP

AUGUST 27, 2024

Kyorin contested that certain prior art documents were divergent and others irrelevant. Singh’s “Patent Law” and Chisum on Patents to support their argument that if prior art teaches away (i.e., Given that Kyorin failed to prove the claimed photostability as well, he requested a dismissal of the appeal.

Patent 105

Patent Art Invention Patent Application 105

IP and Legal Filings

OCTOBER 26, 2021

Traditional medicinal knowledge can be defined as the knowledge, skills, and practices that are based on theories, documentations, and beliefs that are used for the prevention, diagnosis, or treatment of physical ailments by indigenous communities. The relevance of traditional medicinal knowledge.

Intellectual Property 98

Intellectual Property Journalism IP Invention 98

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

IP 98

IP Intellectual Property Reporting Government 98

Patently-O

AUGUST 4, 2021

Instead, all that is required in a formal examination (also known as a registration-based system) is for the application forms and fees to be in order with the specification documents attached. If these affairs are in order, the patent will summarily be granted by the CIPC. 1] Hay v African Gold Recovery Co 1902 TS 232 p 233. [2]

Invention 128

Invention Patent Inventor Intellectual Property 128

SpicyIP

JULY 25, 2021

The report of the Department Related Parliamentary Standing Committee on Commerce titled ‘Review of the Intellectual Property Rights Regime in India’, released on July 23, 2021, is a disappointing document at multiple levels. Many of the specific recommendations in the report raise serious concerns from a public interest perspective.

Reporting 132

Reporting IP Intellectual Property Law 132

Patently-O

FEBRUARY 1, 2022

See Crouch, Rounding Errors in Patent Law , Patently-O (Dec 8, 2021). AZ’s patent claim is directed to formulation that includes “0.001%” PVP K25. Now Astrazeneca has petitioned for en banc reconsideration–seeking “consistent precedent regarding significant digits.”

Patent Prosecution 78

Patent Prosecution Patent Patent Law Law 78

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. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

Inventor 79

Inventor Patent Application Invention Patent 79

The IP Law Blog

APRIL 20, 2023

First, Columbia alleges that “[t]here is no innocent explanation for Ventex’s decision to withhold 2,000 pages of communications about the funding arrangement from its document production while affirmatively misrepresenting that production as containing all of its communications with Seirus located after a comprehensive search.”

Business 98

Business Litigation Patent Copying 98

Patently-O

JANUARY 10, 2023

What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. Every four years, the PTO issues new guidance documents. Prior Patently-O Patent L.J. Tran & J.

Journalism 56

Journalism Trademark Patent Patent Law 56

JD Supra Law

MAY 24, 2023

The United States Constitution provides the basis for patent laws; it says "Congress shall have power. It is a common refrain that the Constitution is a living, breathing document, and the afore-mentioned clause is perhaps an exemplar.

Inventor 52

Inventor Art Patent Law Law 52

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). Nowadays, electronic filing has become the norm and the 15-day postal rule is removed in respect of any documents that are electronically transmitted by the patent office.

Patent 52

Patent Invention Patent Law Designs 52

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

IPilogue

SEPTEMBER 15, 2022

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, September 23, 2022. Please send your answers in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Please note that only 2L and 3L students may participate.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

IPilogue

OCTOBER 21, 2021

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Students on the team will also practice mooting with and receive direct feedback from various B&P associates and partners.

Patent Application 81

Patent Application Patent Drafting Patent Invention 81

The IP Law Blog

JUNE 22, 2023

a)(3), which states, “Arguments must not be incorporated by reference from one document into another document.” Asking judges to be archaeologists and wade through mountains of documents is not likely to work in your favor, and in this case, it was in violation of the rules and regulations. briefing is 37 C.F.R.

Art 98

Art Patent Patent Application Invention 98

LexBlog IP

NOVEMBER 15, 2023

Claim-Based Analysis Required for Pre-AIA Patents Only One of the more confusing developments in patent law was pronounced in Dynamic Drinkware v. Nat’l Graphics, Inc. , 3d 1375, 1378 (Fed. RapidPulse, Inc. 35 U.S.C. § § 102(d)(2).

Patent 52

Patent Art Patent Law Design 52

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims.

Trademark 59

Trademark Patent Copyright Patent Application 59

SpicyIP

JANUARY 18, 2023

A team from the Centre for Intellectual Property, Innovation and Technology at Hidayatullah National Law University recently released a monograph titled ‘A Study of Patent Opposition System’, available here (PDF). The main monograph forms the first 32 pages of the 180-page document.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

The IPKat

JANUARY 14, 2024

Use of European file history in US claim interpretation The Federal Circuit applied the case law of Intel v Qualcomm (21 F.4th Neither the claim nor the description of the patent defined the term barcode. Under European patent law, therefore, K-fee submitted that the prior art did not directly and unambiguously disclose a barcode.

Patent 122

Patent Art Patent Prosecution Patent Law 122

IPilogue

OCTOBER 12, 2021

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. Please send your answers in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Please note that only 2L and 3L students may participate.

Patent Application 78

Patent Application Patent Drafting Patent Invention 78

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).

Patent 52

Patent Invention Public Domain Patent Law 52

The IPKat

SEPTEMBER 16, 2021

That book documented the efforts and plodding steps taken by China, a country that used to lacking experience in modern IP laws, during the 25 years since it entered the international community (China joined the WIPO in 1980; see also WIPO article China’s IP journey ).

Intellectual Property Law 131

Intellectual Property Law Intellectual Property Editing Law 131