IP Watchdog

OCTOBER 19, 2022

which reversed a Rule 12(b)(6) dismissal on patent ineligibility under 35 U.S.C. § This case demonstrates how an invention that is potentially assailable on eligibility grounds can be given its best chance by a focused, consistent and synergistic patent prosecution and litigation strategy. Kollective Technology, Inc.,

Patent Prosecution 59

Patent Prosecution Litigation Patent Invention 59

IAM Magazine

DECEMBER 2, 2022

Three types of patents are granted in China: invention patents, utility model patents and design patents.

Patent Prosecution 52

Patent Prosecution Patent Design Patent Invention 52

IAM Magazine

DECEMBER 2, 2022

Three types of patents are granted in China: invention patents, utility model patents and design patents.

Patent Prosecution 52

Patent Prosecution Patent Design Patent Invention 52

SpicyIP

AUGUST 29, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules Md. Sabeeh Ahmad The Department for Promotion of Industry and Internal Trade, Ministry of Commerce has released the Draft Patents (Amendment) Rules, 2023 (“Draft Rules”) suggesting some key changes in the Patent Rules, 2003 (“2003 Rules”).

Patent Prosecution 89

Patent Prosecution Patent Patent Application Reporting 89

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 60

Journalism Invention Art Patent 60

IP Watchdog

FEBRUARY 1, 2023

We use many different strategies during patent prosecution. Many of our strategies reflect the startup-nature of our inventions, where we are constantly working on the product-market-fit. We may need several bites at the apple to effectively protect our invention.

Patent Prosecution 109

Patent Prosecution Patent Inventor Invention 109

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 59

Patent Prosecution Patent Application Invention Patent 59

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

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.

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Patent Prosecution Invention Inventor Patent 75

JD Supra Law

JULY 20, 2023

In March, the European Patent Office's Enlarged Board of Appeal issued its G 2/21 decision on plausibility, providing guidance on the circumstances under which post-published evidence may be used when determining inventive step. Then, in May, the U.S. Supreme Court issued its decision on enablement in Amgen v.

Patent Prosecution 40

Patent Prosecution Patent Invention Publishing 40

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

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

SpicyIP

DECEMBER 13, 2023

Patent Prosecution refers to the process whereby an applicant files an application before the Patent Office for the grant of a patent. This process necessarily consists of several steps to ensure that only ‘patentable’ inventions are granted protection.

Patent Prosecution 69

Patent Prosecution Patent Patent Application Intellectual Property 69

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

Patently-O

APRIL 23, 2024

I am sure a great deal of the credit for their success can be attributed to our adjunct faculty members teaching patent prosecution at UMKC, James Devaney (Shook Hardy & Bacon) and Jon Hines (Senior Patent Counsel at 3Shape).

Patent Application 97

Patent Application Law Patent Prosecution Patent 97

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.

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Invention Patent Prosecution Ownership Inventor 130

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

Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

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Inventor Invention Patent Prosecution Art 128

JD Supra Law

JULY 12, 2023

Establishing a prima facie case of obviousness based on a multiple prior art references generally requires that the references teach or suggest all claim elements and that one of ordinary skill in the art would be motivated to combine the references to achieve the invention as claimed.

Patent Prosecution 52

Patent Prosecution Art Invention Patent 52

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. In its decision, the Federal Circuit rejected their reissue patent claims on what is clearly a technicality and one that is extremely biased toward those who spend more on patent prosecution.

Patent 98

Patent Invention Patent Prosecution Patent Application 98

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 130

Technology Trademark Patent Prosecution Patent 130

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

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.

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Patent Patent Prosecution Invention Inventor 126

SpicyIP

NOVEMBER 30, 2023

Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete. The order thus seeks to put some order in the Indian patent prosecution scene, especially with regard to pharmaceutical products.

Patent Prosecution 72

Patent Prosecution Patent Application Invention Patent 72

Patently-O

FEBRUARY 12, 2024

The doctrine of equivalents states that someone can infringe on a patent even if they do not literally meet all of the elements of a patent claim, as long as their product or process is equivalent to the claimed invention. This is an objective assessment focused on comparing the major operational aspects.

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False Advertising Invention Advertising Advertising 102

LexBlog IP

MARCH 18, 2022

On February 28, 2022, the Patent Trial and Appeal Board (“ PTAB ”) issued a decision on priority in an interference proceeding between the Broad Institute, Inc. Second, the PTAB was also not persuaded by CVC’s assertion that CVC inventors, Drs. ’” Id. citation omitted). ” Id. at 25 (citation omitted).

Inventor 52

Inventor Invention Editing Patent 52

IPilogue

SEPTEMBER 15, 2022

Participants will have the opportunity to develop their patent prosecution skills by applying legal principles to a hypothetical invention scenario (“Invention Statement”) and appreciating the intricacies of drafting a patent specification and claims that are both patentable and valuable.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

SpicyIP

OCTOBER 1, 2024

Train candidates for the patent agent interview (For candidates who pass Paper I and Paper II). Provide practical training on how to deal with Indian prosecution and drafting. Provide training on matters on Indian patent prosecution.

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Registration Intellectual Property IP Patent Drafting 82

GDB Firm Blog

NOVEMBER 17, 2021

4, 2021) A rejection based on obviousness can be a difficult rejection for patent applicants to overcome. In patent prosecution, an examiner who can find a reference or combination of references that supposedly incorporates the claimed invention can result in a stubborn obviousness rejection.

Patent Prosecution 52

Patent Prosecution Patent Application Invention Art 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

CIPET: Institute of Petrochemicals Technology (IPT) at Patia, Bhubaneswar recently took an initiative for organizing a one-day workshop with the IP leading firm Biswajit Sarkar Advocates and IP Attorneys for inspiring young minds to create inventions and innovations so that those inventions can be later provided with patent protection.

Intellectual Property 52

Intellectual Property IP Invention Patent Application 52

Patently-O

MARCH 1, 2022

That change has pushed folks away from having a large number of claims in a single patent; (2) Since 2006 we have also seen a further professionalization of patent prosecution, including a recognition that the applicant should include 20 claims if possible. But – why does someone need 20+ restatements of the invention?

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Patent Patent Prosecution Invention 119

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 124

Patent Editing Inventor Patent Application 124

Fish & Richardson Trademark & Copyright Thoughts

JULY 9, 2021

in chemistry from John Hopkins University to help clients ensure their life-saving drugs and inventions go to market. Culhane’s work entails counseling on patent prosecution, due diligence, and patentability and freedom-to-operate matters. In addition to her patent work, Culhane leads the San Diego office’s U.S.

Journalism 98

Journalism Due Diligence Business Law 98

LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. She presently assists on over 400 patent prosecution matters, including managing deadlines, serving as a liaison with U.S. 201310567987.0 (the

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

LexBlog IP

OCTOBER 24, 2023

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? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

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? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g., Figure 4 of U.S.

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

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? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Technology 52