IP Watchdog

NOVEMBER 5, 2023

Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. Numerous letters have been submitted to the U.S.

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Intellectual Property Law Patent Intellectual Property Patent Application 124

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

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Patent Prosecution Invention Inventor Patent 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. course at NLSIU Bangalore. Article 3.2

Designs 59

Designs Design Law Intellectual Property 59

IPilogue

FEBRUARY 7, 2022

Since the summer of 2020, the Canadian federal government has been looking for ways to decrease the needless delays and unwanted wait times present in the patent process under the Patent Rules. Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. .

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Patent Patent Prosecution Government Intellectual Property 105

IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

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Inventor Technology Patent Application Invention 142

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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Patent Patent Application Inventor Patent Prosecution 132

IP Watchdog

JANUARY 10, 2025

Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) decision that upheld an examiners rejection of certain claims of a patent application for a cancer immunotherapy invention. The opinion was authored by Judge Lourie.

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Patent Patent Application Invention Patent Prosecution 52

IP Watchdog

JANUARY 16, 2025

Patent and Trademark Office (USPTO) today announced the findings of two reports conducted by third-party academic economists and submitted to Congress late last year, as required by the Unleashing American Innovators Act of 2022 (UAIA).

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Reporting Patent Patent Application Trademark 59

SpicyIP

SEPTEMBER 19, 2023

The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain.

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Patent Patent Prosecution Patent Application Publishing 98

SpicyIP

JANUARY 18, 2023

That is to say, ‘applicants’ are interested stakeholders here, and focusing on issues faced by applicants alone, just one of the many stakeholders, does not equate to understanding the patent oppositions mechanism as a whole. of the total published applications. ’. of patent applications)?

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Patent Application Reporting Public Domain Patent 141

IP Watchdog

OCTOBER 3, 2024

Patent and Trademark Office (USPTO) on Wednesday, October 3, issued a final order terminating approximately 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.”

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Patent Application Trademark Patent Patent Prosecution 119

IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S.

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Patent Application Patent Trademark Patent Prosecution 133

Patently-O

SEPTEMBER 6, 2022

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). 3730(e)(4)(A) (2010).

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

IP Watchdog

JULY 12, 2022

Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) in the Federal Register announcing that the agency would be revising its rules of practice to require that information disclosure statements related to patent term adjustments (PTAs) be submitted on Form PTO/SB/133.

Patent Prosecution 59

Patent Prosecution Patent Patent Application Publishing 59

IP Watchdog

OCTOBER 24, 2023

Patent and Trademark Office’s (USPTO) Office of the Chief Economist (OCE) published a report detailing patent application filing trends at the USPTO related to COVID-19 diagnostics technologies. On October 23, the U.S.

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Reporting Patent Application Publishing Technology 122

Patent Trademark Blog

AUGUST 11, 2021

A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution. Think of the patent process as a negotiation with the US government.

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Patent Application Art Patent Prosecution Patent 66

Patently-O

OCTOBER 5, 2021

In both cases, the Government argued that the Court’s recent decisions have strayed from earlier precedent and have fostered uncertainty regarding the patent eligibility standards. Additionally, if you are a patent owner or inventor, please include the number of U.S. Patent prosecution strategy and portfolio management; b.

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Patent Intellectual Property Invention Inventor 102

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Course on Access to Medicines, TRIPS and Patents [Kochi, December 10-14].

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Patent Prosecution Invention IP Journalism 111

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

In view of this notice, life sciences companies should consider involving patent counsel in the review of relevant FDA submissions for possible inconsistencies with PTO filings and determination of the appropriate course of action where material inconsistencies are found to exist. What This Means for Life Sciences Patent Applicants.

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Patent Prosecution Due Diligence Inventor Reporting 76

LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Technology 52

SpicyIP

FEBRUARY 15, 2023

The ratio set by them are so diverse that, in an adversarial proceeding such as patent prosecution or litigation, the opposite parties may pick their respective chosen or desired positions based on any of them, and no clear conclusion could be arrived at.

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Invention Patent Application Patent Patent Prosecution 98

IP Watchdog

JANUARY 30, 2023

Suggestions for intra-agency collaboration included more access to drug dossier information during patent prosecution, although concerns were also raised regarding the prospect that such increased engagement could tax agency resources to the detriment of all patent applicants.

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Patent Prosecution Patent Application Brands Branding 52

Patently-O

JANUARY 4, 2024

The case thus raises questions about the extent to which legal pleadings and motions, as petitions to the government for redress, are protected speech. Similar issues also came up in the patent information disclosure statement cases a decade ago. In American Institute of Physics v. 2013 WL 6242843, at *1 (N.D.

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Plagiarism Fair Use Copying Copyright Infringement 124

IPilogue

JANUARY 14, 2022

In this decision, the Federal Court provided some helpful commentary and analysis on the application and limitations of patent agent privilege. . Patent Prosecution History Now Admissible as Evidence. of the Patent Act was added to make patent prosecution history admissible as evidence in patent proceedings.

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IP Copyright Infringement Inventor Intellectual Property 105

IP Watchdog

NOVEMBER 30, 2021

On Friday, November 19, the USPTO announced that it will be delaying the $400 fee for patent applications filed in non-DOCX formats until January 1, 2023.

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Patent Application Publishing Technology Patent 69

Patent Trademark Blog

JULY 14, 2021

Furthermore, patent prosecution occurring after the initial filing will vary by each governmental patent office. Some IP offices may present a more challenging patent examination process than others. Do US national stage applications require a subsequent request for examination?

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Patent Application Patent Prosecution Art Inventor 40

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Sreenath is an independent legal researcher and Adjunct Faculty of Law at Ramaiah Law College.

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Patent Patent Application Intellectual Property Law 72

LexBlog IP

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. We provide a brief overview of this program. §101).

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Patent Prosecution Patent Application Government Patent 52

IP Watchdog

SEPTEMBER 9, 2022

Patent Application No. The GATT Bubble is the term applied to patent applications filed but not yet granted before the Uruguay Round Agreements Act (URAA), which amended the U.S. patent term to 20 years from the effective filing date, took effect on June 8, 1995. 1.129 (“Rule 129”).

Patent Application 69

Patent Application Inventor Litigation Patent 69

The IPKat

SEPTEMBER 23, 2022

selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 83

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! However, he also stated that the government was not considering bringing a law or regulating the growth of artificial intelligence in the country.

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IP Intellectual Property Reporting Government 98

IP Watchdog

MAY 14, 2024

Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).

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Patent Application Blogging Reporting Trademark 64

LexBlog IP

MARCH 25, 2022

This period of exclusivity lasts for 20 years from the date the patent application was filed. The patent examiners are government employees who are responsible for ensuring that all patent applications meet the requirements for patent rights to be granted.

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Inventor Patent Invention Patent Application 52

IP Watchdog

JUNE 6, 2023

Patent and Trademark (USPTO) published a pair of documents in the Federal Register regarding due dates on new document formatting requirements for patent applications filed with the Office.

Patent Application 59

Patent Application Publishing Trademark Patent 59

IP Watchdog

AUGUST 1, 2022

The notice was specifically targeted to parties proceeding before both the USPTO and Food and Drug Administration (FDA) and was issued in response to urging by Senators to establish interagency communications aimed in part at eliminating so-called drug patent thickets.

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Patent Application Blogging Publishing Patent 69