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. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention. Dr. Christian E.

Invention 128

Invention Patent Inventor Intellectual Property 128

Plagiarism Today

NOVEMBER 17, 2022

According to the original claim, Young had invented the word in 1921, though he did not compose their version of the song until 1949. However, it’s an important case to keep in mind, especially litigation over music seems to be on the rise. In 2022, we seem to be in a time when litigation over music is ever-present.

Copyright 342

Copyright Music Copyright Infringement Plagiarism 342

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. grants for the first half of 2021.

IP 121

IP Litigation Inventor Licensing 121

SpicyIP

SEPTEMBER 5, 2022

Some argue that neither Moderna nor BioNTech-Pfizer nor Curevac and others who are litigating this tech own the technology – it belongs to the world and is in public domain ( here also). When ownership is itself in dispute, the process of obtaining a license from either entity becomes a risky and expensive exercise.

Litigation 137

Litigation Patent Technology Ownership 137

Patently-O

SEPTEMBER 15, 2021

The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years. Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017).

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131

IP Watchdog

DECEMBER 17, 2024

The UPCs approach to added subject matter so far aligns closely with European Patent Office (EPO) practice but its approach to inventive step differs. Key legal principles were clarified, including claim construction and requirements for the granting of provisional measures.

Law 98

Law Invention Patent Litigation 98

IP Close Up

NOVEMBER 17, 2022

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

Invention 91

Invention Licensing Patent Inventor 91

IP Watchdog

OCTOBER 18, 2022

Other robust evidence shows that current Section 101 law has harmed innovation by removing the incentives to develop and commercialize particular inventions of public importance.

Litigation 90

Litigation Patent Invention Law 90

IP Watchdog

DECEMBER 6, 2021

Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19. While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos.

Invention 122

Invention Inventor Patent Application Designs 122

IP Watchdog

AUGUST 5, 2024

If you are an inventor of a consumer product there are reputable companies looking for inventions and ideas to bring to market, and their business model is built on taking products to market over and over again, and they are in constant need of new products and improvements.

Licensing 122

Licensing Inventor Invention Marketing 122

IP Law 360

MARCH 21, 2025

closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses. A lawyer for Samsung Electronics Co.

Invention 52

Invention Contracts Patent Licensing 52

IP Watchdog

SEPTEMBER 30, 2021

Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic.

Invention 124

Invention Art Litigation Reporting 124

IP Watchdog

DECEMBER 5, 2021

The Patent Trial and Appeal Board (PTAB), created by the America Invents Act (AIA) just over 10 years ago, is the most electrifying lightning rod in the industry. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.

Invention 124

Invention Litigation Patent Inventor 124

IP Watchdog

SEPTEMBER 23, 2021

IPWatchdog has obtained a draft summary of the “Restoring the America Invents Act” bill that Senate IP Subcommittee Chair, Senator Patrick Leahy (D-VT), is purportedly expected to introduce shortly. Fintiv, Inc.

Invention 131

Invention Litigation IP Reporting 131

SpicyIP

MARCH 4, 2025

Ultimately, the Controller rejected the patent application on two main grounds: that it was not an invention under Section 3(k) and that it lacked an inventive step under Section 2(1)(ja). But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting.

Invention 52

Invention Patent Application Patent Intellectual Property 52

IP Law 360

OCTOBER 22, 2024

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

Patent Troll 109

Patent Troll Inventor Patent Invention 109

IPilogue

MAY 31, 2022

Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Patent litigation has been on the rise , with 46% more patent litigation lawsuits in 2021 than in 2018. . Google’s contribution to the US patent system.

Patent Troll 118

Patent Troll Patent Litigation Invention 118

The IPKat

FEBRUARY 4, 2025

The key legal test is whether a skilled person could perform the invention. It is thus generally not necessary to describe how the invention was first derived. Nonetheless, the inventive story behind a novel compound may still play a crucial role during patent prosecution and/or subsequent litigation. Nov 2024)

IP 64

IP Invention Inventor Patent 64

IP and Legal Filings

DECEMBER 19, 2024

Many courts tried to determine whether a software invention is abstract by devising several tests to determine whether any invention related to computers might be patentable. In the instant case the term inventive step was stretched over the economic value of the inventive. In Bishwanath Prasad Radhey Shyam v.

Technology 52

Technology Invention Patent Intellectual Property 52

The IPKat

DECEMBER 13, 2021

The headlines are the result of the Project’s filing of parallel applications to patent offices in several jurisdictions over a number of inventions generated by an AI system named DABUS (Device for the Autonomous Boot-strapping of Unified Sentience), invented by Dr Stephen Thaler.

Inventor 136

Inventor Invention Ownership Intellectual Property Law 136

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

Art 126

Art Journalism Patent Law Invention 126

Patently-O

JULY 9, 2024

These efforts will enable inventors and the USPTO to focus on what should be important—inventing and patenting new inventions rather than multiplying patents on trivial variants of old inventions. Both Cellect and the USPTO’s proposed regulations are sensible, modest steps to limit the abuses associated with double patenting.

Patent 119

Patent Invention Inventor Litigation 119

IP Close Up

SEPTEMBER 17, 2024

innovation prowess by making invention rights more reliable and redress for infringement less arduous have gone to Capitol Continue reading Eight patent-related bills intended to restore U.S.

Invention 68

Invention Patent Litigation IP 68

The IPKat

FEBRUARY 22, 2025

It may not be until litigation discovery that infringement can be proven. Inventive step of manufacturing The main issue on appeal was whether the use of SPy intermediate was obvious. The closest prior art identified for inventive step by the Board of Appeal was the composition of matter (CoM) case for AMG 416 ( WO 2011/014707 ).

IP 64

IP Invention Art Designs 64

IP Watchdog

APRIL 20, 2023

Patent and Trademark Office (USPTO) today published an Advanced Notice of Proposed Rulemaking (ANPRM) indicating it is considering changes to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB).

Invention 105

Invention Litigation Publishing Patent 105

IP Watchdog

MARCH 10, 2025

Until this move Rasheed served as Deputy General Counsel for Intellectual Property Law and Solicitor, which made her the chief litigator for the USPTO. Rasheed will immediately move to the PTAB.

Intellectual Property Law 69

Intellectual Property Law Intellectual Property Litigation Trademark 69

SpicyIP

AUGUST 22, 2022

Amit is a registered Patent Agent and an IP practitioner and currently part of the IP litigation team at Sun Pharmaceuticals. The Parent Application Must have “Plurality of Inventions”. Where is the Invention? But most important is the fact that the invention is defined in(by) the claims. Nagar (Mohali) and LL.B.

Patent Application 130

Patent Application Invention Patent IP 130

Patently-O

JANUARY 17, 2022

Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S. No such signal legitimizes respondent’s position in this litigation.”. patent law. We know that U.S. patents are territorially limited.

Patent 122

Patent Invention Litigation Patent Law 122

SpicyIP

FEBRUARY 28, 2025

Filed in 2012, the decision comes after 13 years with the litigation having outlived not only the suit patent, and the DVD industry, but also the institution that declared it essential !! However, we do see some questionable findings on the imposition of litigation costs on the defendants.

Litigation 66

Litigation Patent Application Patent Licensing 66

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. What was true a century and a half ago remains true today.

Invention 140

Invention Inventor Patent Law Technology 140

JD Supra Law

FEBRUARY 15, 2024

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy.

Litigation 68

Litigation Invention Reporting Patent 68

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

Patently-O

SEPTEMBER 21, 2021

In exchange for the exclusive rights over an invention granted by a patent, the public has a right to know who owns the rights to particular inventions. The pair also proposed a second proposal that they call “ Unleashing American Innovators Act.

Ownership 128

Ownership Patent Invention Intellectual Property 128

Patently-O

OCTOBER 15, 2021

By the critical date (1-year-before-filing), the patentee had done about $2 million in jobs using the invention, but did not disclose those sales/uses to the USPTO during prosecution. ” Finally, the patentee noted the absence of an express finding of litigation misconduct absent continuing to litigate losing positions.

Litigation 130

Litigation Invention Patent Law 130

The IPKat

FEBRUARY 21, 2025

Abbott claimed Dexcom was now taking a broader view in litigation because Abbott's Freestyle Libre 2 transmitted "the same analyte measurement data" using both protocols, resulting in "total overlap" (para. The Local Division instead determined the core inventive concept as being assessed whether using NFC as the second protocol was obvious.

Patent 59

Patent Invention Art Litigation 59

IP.com

JUNE 19, 2023

After legislation passed in 2013 prohibited patents on naturally occurring genes and invalidated previously issued patents, the process for gene patenting has become much more regulated.

Invention 98

Invention Patent Litigation 98

IP Tech Blog

OCTOBER 13, 2022

law is that the invention is a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…” In other words, the subject matter of the invention must be eligible for patenting. One of the threshold requirements for obtaining a patent under U.S. The Recent Decision.

Invention 104

Invention Patent Technology Litigation 104