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

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Art Patent Prosecution Patent Application Intellectual Property 52

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

LexBlog IP

OCTOBER 24, 2023

Under the Invention Secrecy Act of 1951, federal law prevents the disclosure of new technologies and inventions that may present a national security threat to the United States. 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

Under the Invention Secrecy Act of 1951, federal law prevents the disclosure of new technologies and inventions that may present a national security threat to the United States. 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

Under the Invention Secrecy Act of 1951, federal law prevents the disclosure of new technologies and inventions that may present a national security threat to the United States. 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

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).

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Inventor Invention Editing Patent 52

IP Watchdog

SEPTEMBER 28, 2022

Structural weaknesses of the detailed description that may or may not be addressed by patent drafting orthodoxy can result in a lack of a capacity to successfully manage challenges presented by an examiner’s interpretations of subject matter set forth in claims.

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Patent Application Patent Patent Drafting Invention 128

Patently-O

JANUARY 21, 2023

119 , 120 , 121 , or 365 (including requiring such support whenever a benefit or priority claim is presented, including upon the filing of a petition for a delayed benefit or priority claim and upon the filing of a request for a certificate of correction to add a benefit or priority claim)? Specifically, should the USPTO: a.

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Patent Invention Patent Prosecution Art 95

SpicyIP

NOVEMBER 7, 2022

The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. She highlights how the decision reiterates the importance of adhering to procedural tenets during patent prosecutions. Silvermaple Healthcare Services Pvt.

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Patent Prosecution Invention IP Journalism 105

SpicyIP

APRIL 3, 2024

The Controller had then cited 4 prior art documents (D1-D4) in the First Examination Report and in the impugned order referred to a fifth prior art document (D5) to find that the invention lacks an inventive step. The impugned order also failed to consider the patent granted to the subject invention in different jurisdiction.

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Patent Art Invention Patent Prosecution 45

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

Patently-O

FEBRUARY 13, 2024

The Appeal Brief: A Closer Look Sonos has now filed an appeal brief that challenges Judge Alsup’s decision on several grounds, emphasizing the fairness of their patent prosecution process and arguing against the application of prosecution laches.

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Patent Patent Prosecution Patent Law Marketing 98

LexBlog IP

NOVEMBER 16, 2021

Some people may have anticipated that, in raising the standard of inventive step and introducing stricter requirements for enablement and support of claims, the RtB reforms would result in fewer applications being accepted. I was not one of those people, and I expect that neither were most other patent attorneys. in 2019/20.

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Patent Prosecution Patent Intellectual Property Law Intellectual Property 52

SpicyIP

JULY 31, 2023

Controller of Patents (I wasn’t able to find an openly accessible version of this order) but these have not discussed the acceptability of such claims within the Indian patent regime. But first, just to take a step back: What is a Product-by-Process Patent Claim? While the IPO guidelines do explain these claims in para 7.9,

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Patent Invention Patent Prosecution Inventor 93

LexBlog IP

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 52

Patent Trademark Blog

MAY 29, 2024

Loser Patent Response #1: Arguing About Features Not Claimed Examiners must get this quite frequently. In response to an Office Action, an applicant goes into great detail about how their invention is different from the cited prior art references. There is only one problem. If it is not in the claim, arguing about it will not help.

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Patent Patent Application Art Patent Prosecution 52

IP Watchdog

SEPTEMBER 3, 2021

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme Court’s decision in Alice v. However, responding to these rejections when they are issued still requires some finesse.

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Technology Invention Patent Drafting Patent Prosecution 69

Patently-O

JANUARY 23, 2024

KSR ‘s language is built on longstanding precedent that an invention cannot be considered obvious if, at the time it was made, it would not have been “perfectly plain” or “immediately recognizable” to one skilled in the art. Dow Chemical Co.

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Art Invention Patent Prosecution Patent 81

LexBlog IP

NOVEMBER 17, 2022

For example: Teaching Away Non-analogous art Level of Skill in the Art Evidentiary issues Flowery presentations on the Invention. PTAB judges understand that a true teaching away is rarely present (e.g., yet, I see this argument in about 80% of Patent Owner filings. These arguments are largely a waste of time at the PTAB.

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Patent Patent Prosecution Art Litigation 52

SpicyIP

APRIL 10, 2024

Further, the Court held that even assuming the Controller’s decision was on merits, since the Court had undertaken an independent assessment of the suit patent’s validity, the Controller’s decision (referred to here as decision of “hierarchically lower Court”) cannot be cited to reverse the same.

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Patent Cease and Desist Invention Art 45

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. The Examiner argued that the description identified embodiments as being part of the invention which were not part of the invention as defined by the claims. in a doctrine of equivalents analysis).

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Invention Patent Application Patent Patent Prosecution 103

Patent Trademark Blog

AUGUST 11, 2021

Amendments are, therefore, common and to be expected in the normal course of patent prosecution. What is at stake is the scope of the claims that will ultimately end up in the utility patent you’re hoping to obtain. Less is more when it comes to claiming your invention, especially in the independent claims.

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Patent Application Art Patent Prosecution Patent 66

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Once a granted patent passes the opposition procedure it acquires a higher patent value. There are two kinds of patent opposition process at two different stages of patent prosecution in India, they are: Pre grant opposition Post grant opposition. Types of Patent Opposition in India.

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Patent Invention Patent Application Patent Prosecution 52

Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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Patent Intellectual Property Invention Inventor 102

The IPKat

DECEMBER 11, 2023

That makes it reasonable to infer that these patents, on average, cover smaller parts of composite technologies than in previous times. The proportionality test in European patent law The book’s final chapter offers a way out of the conundrum. This is also known as the “hold up” problem in the literature [e.g. here , at 24].

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Patent Law Law Patent Invention 67

The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. The root source of this situation, according to Lederer, is the patent prosecution process. Start with the sheer volume of patent applications. Focusing on the U.S.,

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Patent Troll Patent Litigation Inventor 119

LexBlog IP

SEPTEMBER 5, 2023

Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates. This post explains some of the decision’s consequences and explores potential patent prosecution strategies. Each option presents challenges, and some might be difficult to overcome.

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Patent Patent Application Inventor Intellectual Property 52

LexBlog IP

MARCH 1, 2022

Unlike a patentability report that looks at the invention as a whole, FTO searches take a component-based approach. Each product component is evaluated to ensure your product does not infringe on any other enforceable patents. to determine if any enforceable patents cover the components in question. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93ad24a1406{flex-wrap:

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SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India.

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Patent Application Reporting Public Domain Patent 132

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

iii] This tension between state and federal law presents obstacles for cannabis entrepreneurs. While federal trademark registration is the strongest form of protection, it also presents the greatest challenges for canna-brands, as most forms of cannabis are considered illegal substances under federal law. Patent Prosecution.

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IP Registration Trademark Branding 52

LexBlog IP

FEBRUARY 7, 2022

The employer then decides which of the contributions will be encompassed in patent filings. Here, at the time of signing, the employee/potential inventor doesn’t know what the inventions even are yet, or which ones will go on to become patents. John is a patent and technology technical advisor at Founders Legal.

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Patent Inventor Intellectual Property Patent Prosecution 52

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]. Some suggest that a drug’s innovation should include any study presented by the pioneer applicant that was absolutely necessary to obtain FDA approval.

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Intellectual Property Law Intellectual Property Litigation Law 98

SpicyIP

DECEMBER 17, 2023

Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. This patent protection was challenged by La Renon before the IPAB under section 64.

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IP Intellectual Property Copyright Trademark 138

SpicyIP

JULY 22, 2023

In this light, this post presents a literature review of the governmental response to AI-related IP issues and the concerns and suggestions of civil society on them. Reform in Law However, while the patent application numbers are on the rise, the Industry has expressed concerns over the patent prosecution and examination regime in India.

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IP Intellectual Property Reporting Government 93

IIPRD

MAY 10, 2020

National Research Development Council(NRDC) was established by the Government of India with the primary objective to promote, develop and commercialize the technologies, inventions, patents, processes emanating from various R&D institutions or universities and is presently working under the Department of Scientific & Industrial Research.

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Intellectual Property Patent Government Technology 40

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. Natco then argued EO lacked an inventive step over Eltrombopeg patent and was obvious.

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Patent Art Patent Prosecution Litigation 100