SpicyIP

NOVEMBER 30, 2023

Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete. Since the Patent Office had agreed to re-examine the application and hear the applicant again, the court did not go into the merits of the appeal.

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Patent Prosecution Patent Application Invention Patent 72

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.

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Patent Prosecution Patent Application Invention Art 52

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

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Patent Art Invention Patent Prosecution 45

SpicyIP

APRIL 10, 2024

Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

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Patent Cease and Desist Invention Art 45

Patently-O

FEBRUARY 10, 2023

United Cannabis holds a broad marijuana patent – US9730911 – with claims directed to a liquid cannabinoid having 95% of either THC or CBD. In 2018, United Cannabis sued Pure Hemp for patent infringement and Pure Hemp responded with a Walker-Process antitrust counterclaim for asserting a patent known to be invalid.

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Copying Patent Prosecution Invention Art 92

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

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Patent Application Patent Design Patent Art 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? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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Patent Troll Patent Litigation Inventor 119

LexBlog IP

DECEMBER 14, 2023

.” Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,449,175 (the “’175 patent”).

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Invention Patent Prosecution Ownership Inventor 52

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

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Litigation Law Patent Invention 80

Patently-O

AUGUST 22, 2023

605 (1950) is one of the court’s most cited patent cases. Linde Air Products held a patent on welding fluxes using alkaline earth metal silicates. US Patent No. The decision thus reestablished that products need not infringe literally to infringe a patent. Linde Air Products Co. , Warner-Jenkinson Co. 722 (2002).

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Patent Prosecution Patent Invention Art 52

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

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Patent Application Invention Designs Design 69

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search. Office Actions.

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Patent Application Patent Invention Patent Prosecution 52

The IPKat

FEBRUARY 7, 2022

Draft version The requirement to amend the description of a European patent application in line with the scope of the claims is a peculiarity of European patent prosecution. of the Guidelines, which refers to description amendments, has been reworded slightly. emphasis added). Section F-IV, 4.3

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Invention Patent Application Patent Prosecution Patent 98

Kashishipr

NOVEMBER 24, 2021

Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. What is Inequitable Conduct?

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Patent Application Invention Patent Inventor 105

LexBlog IP

NOVEMBER 17, 2022

Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. First, Patent Owners (NPE’s especially) increasingly rely on litigation trial counsel for PTAB representation. yet, I see this argument in about 80% of Patent Owner filings. Bad Counsel, Bad Strategies, or Both?

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Patent Patent Prosecution Art Litigation 52

LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility models can provide an alternative to invention patents and supplement them too. Unlike invention patents, utility models are not examined. Most people incorrectly assume these “junk” patents are worthless because they are granted without any substantial examination.

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Intellectual Property Invention Patent Application Art 52

LexBlog IP

SEPTEMBER 9, 2021

Software Patents: When is enough enough? [1]. Developing a Disclosure for Software Patents : Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. When drafting, include these details explicitly in the specification.

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Inventor Patent Invention Technology 52

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. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

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Patent Art Patent Prosecution Litigation 98

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

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

Blockchain and cryptocurrency technologies are rapidly expanding throughout the world – and with that rapid expansion has come a growing interest in IP protection for blockchain and cryptocurrency inventions. Patenting innovations in blockchain technology. USPTO statistics confirm blockchain’s ascendance. A cryptocurrency (e.g.,

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Technology Copying Invention Patent Prosecution 76

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.

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Journalism Invention Art Patent 60

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. It mentions intellectual property as a part of creating a strong R&D base (refer to page 13). It is not clear what this refers to though.

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IP Intellectual Property Reporting Government 91

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Under the new guidelines, “hemp” refers to cannabis and its derivatives containing no more than 0.3% Patent Prosecution. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants. THC from Schedule I.

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IP Registration Trademark Branding 52

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. As Sandeep K.

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Patent Prosecution Patent Patent Application Intellectual Property 69

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. Background.

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Intellectual Property Law Intellectual Property Litigation Law 98

Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.

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Patent Application Patent Art Invention 98

Patently-O

FEBRUARY 13, 2024

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict. Google LLC , No. C 20-06754 WHA, 2023 WL 6542320 (N.D.

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Patent Patent Prosecution Patent Law Marketing 97

Patently-O

JANUARY 21, 2023

Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching. How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)?

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Patent Invention Patent Prosecution Art 93

Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. These changes will impact the patent prosecution process in Canada by introducing excess claims fees, requests for continued examinations and conditional notices of allowance. Excess Claim Fees.

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Patent Patent Prosecution Patent Application Intellectual Property 94

LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

Patent 52

Patent Patent Application Inventor Intellectual Property 52

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. Views expressed in the post are his own.

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Patent Application Reporting Public Domain Patent 130

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Patent prosecution, portfolio, and strategic patenting considerations. The costs of obtaining and maintaining a global patent portfolio can quickly add up.

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Intellectual Property Litigation Patent Prosecution IP 52

43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. A: Not giving design patents and utility patents then sets them up for a good result now when they argue trade dress. Compco, etc.)

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Designs Design Design Patent Branding 59

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Citing the agreement, the defendant requested the suit to be referred to an arbitration. Hetero Drugs Ltd [Delhi High Court]. In H Lundbeck A/S v.

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IP Intellectual Property Copyright Trademark 136

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

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Intellectual Property Technology Journalism IP 52