JD Supra Law

JUNE 23, 2022

Building a successful life sciences patent estate can seem like a daunting task, but a foundation of strategic decisions early on can be a big help long term. By: Orrick, Herrington & Sutcliffe LLP

Patent Prosecution 97

Patent Prosecution Patent Invention 97

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. Inventorship in the US is a critical component of patent ownership. Inventorship. Practice tip.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 52

Intellectual Property Law Blog

SEPTEMBER 29, 2022

Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description. Other helpful tips from the panel discussion included: Focusing on computer architecture or computer-implemented methods, and using defined terms that can be understood and deciphered by the application reader.

Technology 130

Technology Trademark Patent Prosecution Patent 130

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.

Journalism 64

Journalism Invention Art Patent 64

IP Law 360

JANUARY 2, 2025

Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, (..)

Patent Prosecution 52

Patent Prosecution Patent Invention Patent Law 52

JD Supra Law

OCTOBER 11, 2024

Patent and Trademark Office (PTO) guidance can help inform your scientific development process, from experimental design to patent prosecution to legal disputes that may arise. Recent U.S. By: Orrick, Herrington & Sutcliffe LLP

Patent Prosecution 63

Patent Prosecution Invention Patent Design 63

Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments.

Patent 126

Patent Patent Prosecution Invention Inventor 126

LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. By: Banks Griffin.

Inventor 52

Inventor Invention Patent Prosecution Law 52

IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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Inventor Ownership Invention IP 105

Intellectual Property Law Blog

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. Specifically, the Federal Circuit considered the plain and ordinary meaning of the term to a skilled artisan at the time of the invention.

Invention 130

Invention Patent Prosecution Inventor Ownership 130

SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Train candidates for the patent agent interview (For candidates who pass Paper I and Paper II).

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Registration Intellectual Property IP Patent Drafting 103

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

Inventor 130

Inventor Patent Application Invention Patent 130

IPilogue

SEPTEMBER 15, 2022

Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law. Invention statements will be released to teams in early November 2022.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

IPilogue

OCTOBER 21, 2021

Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law. Invention statements will be released to teams on November 1, 2021.

Patent Application 81

Patent Application Patent Drafting Patent Invention 81

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.

Patent Law 72

Patent Law Law Patent Invention 72

Patently-O

AUGUST 7, 2021

By David Hricik, Mercer Law School. Here’s their announcement: The Elevate Your Prosecution 2021 conference on patent prosecution will be held in the Murano room of the Grand America in Salt Lake City on Friday, September 24 – Saturday, September 25. We are expecting and pending for 14 hours of Utah CLE.

Intellectual Property Law 99

Intellectual Property Law Patent Prosecution Intellectual Property IP 99

The IPKat

AUGUST 13, 2024

OpenAI is pursuing speedy patent grant Fascinatingly, OpenAI is pursuing highly accelerated grant of its IP. A patent can only be enforced once it is granted. However, it can take 3 to 5 years of patent prosecution before national patent offices to achieve grant of a patent.

Patent 127

Patent Editing Inventor Patent Application 127

SpicyIP

DECEMBER 13, 2023

Jyotpreet is a third-year law student who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. Patent Prosecution refers to the process whereby an applicant files an application before the Patent Office for the grant of a patent.

Patent Prosecution 69

Patent Prosecution Patent Patent Application Intellectual Property 69

IPilogue

OCTOBER 12, 2021

Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law. Invention statements will be released to teams on November 1, 2021.

Patent Application 78

Patent Application Patent Drafting Patent Invention 78

Patently-O

FEBRUARY 12, 2024

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Before law school, he was a greenskeeper at a local golf course. Additionally, amendments made during patent prosecution to narrow claims can estop or preclude arguments for equivalence. Guest Post by Jordan Duenckel.

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False Advertising Invention Advertising Advertising 102

Intellectual Property Law Blog

SEPTEMBER 30, 2022

Part One – Helpful Tips for Prosecuting Patents in the Biotechnology Space. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description.

Technology 100

Technology Trademark Patent Prosecution Patent 100

IP Watchdog

MAY 14, 2024

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

Intellectual Property Law 64

Intellectual Property Law Invention Intellectual Property Technology 64

The IP Law Blog

MARCH 30, 2023

The goal was to provide better access to the patent system for a number of potential participants, such as individual inventors, small businesses, and underrepresented innovators. The UAIA was signed into law on December 29, 2022, and included in the U.S. government’s spending package, the Consolidated Appropriations Act , for 2023.

Business 98

Business Inventor Patent Licensing 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2021

The diverse group represents clients across a range of industries and brings deep expertise in litigation, patent prosecution, post-grant proceedings and copyright and trademark counseling to their new roles. from the University of Virginia School of Law. from Pennsylvania State University, Dickinson School of Law.

Patent Prosecution 75

Patent Prosecution Litigation Due Diligence Technology 75

The IPKat

DECEMBER 26, 2021

A quirk of European patent prosecution is the requirement for the description to be amended in line with allowed claims. Importantly, the Guidelines, as the name suggests, are a guide to the current case law and practise of the EPO and are not legally binding ( IPKat ). in a doctrine of equivalents analysis).

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Invention Patent Application Patent Patent Prosecution 105

Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

Patent Application 98

Patent Application Patent Art Invention 98

SpicyIP

NOVEMBER 7, 2022

Announcing Winners of 3 rd Shamnad Basheer Essay Competition on IP Law. We announced the results for 3rd Shamnad Basheer Essay Competition on IP Law. Pravertna Sulakshya, Rajiv Gandhi National University of Law, Punjab bagged the first position for their essay titled, “An IPR-Kajal for Dupes’ Evil Eye? Highlights of the Week .

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Patent Prosecution Invention Journalism IP 111

Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. Nelligan Law is grateful for the contribution of articling student Nailah Ramsoomair in writing this blog post. The post Amendments to Canadian Patent Examination Rules appeared first on Nelligan Law.

Patent 98

Patent Patent Prosecution Patent Application Intellectual Property 98

Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention.

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Patent Application Invention Patent Inventor 105

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

JD Supra Law

OCTOBER 29, 2024

Rule 132 Declarations are frequently used in life sciences patent prosecution to submit data in support of a patent application. 103 by establishing that an applicant’s invention produces unexpected. . § 1.132 (“Rule 132 Declarations”). By: MoFo Life Sciences

Patent Prosecution 58

Patent Prosecution Patent Application Invention Patent 58

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Maximizing Patent Term Extension(PTEs) Korea’s patent term extension (PTE) is flexible in enabling the potential for multiple extensions.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

IP Law 360

DECEMBER 3, 2024

Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.

Patent Prosecution 52

Patent Prosecution Invention Patent 52

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? patent enforcement and litigation; c.

Patent 102

Patent Intellectual Property Invention Inventor 102

LexBlog IP

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” ” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C.

Law 52

Law Invention Patent Intellectual Property 52

Patently-O

FEBRUARY 10, 2023

In deposition, the prosecuting attorney apparently explained that the copying was done to speed the process and save time – and is a recommended common practice. It also turns out that the same law firm – Cooley – represents GW-Pharma (the owner of the Whittle prior art) in patent prosecution.

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Copying Patent Prosecution Invention Art 94