The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 83

Litigation Law Patent Invention 83

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IP.com

NOVEMBER 7, 2024

Non-Provisional Applications: Decide whether to file a provisional patent application to secure an early filing date or go directly for a non-provisional application. Provisional applications can be useful for technologies that are still in development, providing additional time to refine the invention.

Technology 52

Technology IP Cease and Desist Patent Application 52

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).

Registration 103

Registration Intellectual Property IP Patent Drafting 103

Patently-O

MARCH 13, 2022

Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Josh Norem: Apple Patent Application Envisions a Mac Inside a Keyboard (Source: Extreme Tech).

Patent Prosecution 69

Patent Prosecution Intellectual Property Patent Journalism 69

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.

Patent Troll 124

Patent Troll Patent Litigation Inventor 124

LexBlog IP

DECEMBER 7, 2023

Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio. Summarized in five tips for in-house counsel, Miller looks at ways to maximize patent filings to save time and money. It begins with “universal” patent application disclosures. The firm also ranks No.

Patent Prosecution 52

Patent Prosecution Intellectual Property Law Intellectual Property Patent 52

The IP Law Blog

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States.

Law 109

Law Patent Invention Intellectual Property 109

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

SpicyIP

JANUARY 18, 2023

That is to say, ‘applicants’ are interested stakeholders here, and focusing on issues faced by applicants alone, just one of the many stakeholders, does not equate to understanding the patent oppositions mechanism as a whole. of the total published applications. ’. of patent applications)?

Patent Application 141

Patent Application Reporting Public Domain Patent 141

SpicyIP

NOVEMBER 30, 2023

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.

Patent Prosecution 72

Patent Prosecution Patent Application Invention Patent 72

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 111

Patent Application Patent Trademark Patent Prosecution 111

Patently-O

FEBRUARY 6, 2022

Matthew Bultman: Draft Standard-Patent Policy Draws Former Officials’ Opposition (Source: Bloomberg Law). Aaron Wininger: China’s National Intellectual Property Administration Issues Notice on Continuing and Strictly Regulating Patent Application Behavior (Source: The National Review). Commentary and Journal Articles: Atty.

Patent 53

Patent Patent Prosecution Journalism Intellectual Property 53

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Patent Application No. Patent Application No. patent term to 20 years from the effective filing date, took effect on June 8, 1995.

Patent Application 69

Patent Application Inventor Litigation Patent 69

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.

Patent Application 95

Patent Application Invention Design Designs 95

IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

Inventor 97

Inventor Patent Application Design Designs 97

Patently-O

OCTOBER 5, 2021

Additionally, if you are a patent owner or inventor, please include the number of U.S. and foreign patent applications you have filed; the number of U.S. Patent prosecution strategy and portfolio management; b. patent enforcement and litigation; c. patent counseling and opinions; d.

Patent 102

Patent Intellectual Property Invention Inventor 102

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

In view of this notice, life sciences companies should consider involving patent counsel in the review of relevant FDA submissions for possible inconsistencies with PTO filings and determination of the appropriate course of action where material inconsistencies are found to exist. What This Means for Life Sciences Patent Applicants.

Patent Prosecution 76

Patent Prosecution Due Diligence Inventor Reporting 76

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

Mok is a principal in Fish’s New York office and focuses his practice on IP litigation and counseling for domestic and international companies. Her practice focuses primarily on patent litigation, and she has experience litigating patents in the fields of biotechnology, medical devices, financial services, and computer software.

Patent Prosecution 52

Patent Prosecution Litigation Design Designs 52

Patently-O

SEPTEMBER 6, 2022

government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. 3730(e)(4)(A) (2010). ” Id. Department of Commerce.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

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 Litigation. Background . See here and here ).

Patent 105

Patent Art Patent Prosecution Litigation 105

Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

His practice emphasizes patent portfolio counseling and management, preparation and prosecution of patent applications, patent infringement analysis, patent validity analysis, and post-grant patent challenges. His practice emphasizes complex patent litigation in U.S.

Due Diligence 52

Due Diligence Inventor Patent Patent Prosecution 52

SpicyIP

FEBRUARY 15, 2023

The ratio set by them are so diverse that, in an adversarial proceeding such as patent prosecution or litigation, the opposite parties may pick their respective chosen or desired positions based on any of them, and no clear conclusion could be arrived at.

Invention 98

Invention Patent Application Patent Patent Prosecution 98

IPilogue

JANUARY 14, 2022

In this decision, the Federal Court provided some helpful commentary and analysis on the application and limitations of patent agent privilege. . Patent Prosecution History Now Admissible as Evidence. of the Patent Act was added to make patent prosecution history admissible as evidence in patent proceedings.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

LexBlog IP

MARCH 17, 2022

Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very beneficial as a preemptive measure to aid in defending a company in patent litigation against assertions of willful infringement and exposure to treble damages.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution Marketing 52

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. At the least, India could prevent granting patents to frivolous and low-quality patents.

Patent 72

Patent Patent Application Intellectual Property Law 72

Patently-O

NOVEMBER 16, 2023

Since then patent prosecution attorneys have substantially modified their approach to drafting patent applications in ways that provide more detailed technical analysis, focusing on technical solutions to technical problems, clearly defining the computer hardware elements, and tying the claims to these technical embodiments.

Patent Prosecution 49

Patent Prosecution Patent Application Law Patent 49

Patently-O

NOVEMBER 6, 2023

” Prosecution History : During patent prosecution, the patentee had distinguished its invention from a formulation with pH 12 — arguing that pH 13 exhibited substantially more stability. But the prosecution history did not compare pH 13 with values in between 12 and 13. 0.1, ± 0.01 pH units). . ± 0.1, ± 0.01

Patent Application 69

Patent Application Patent Prosecution Patent Inventor 69

LexBlog IP

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States.

Law 52

Law Invention Patent Intellectual Property 52

Canadian Intellectual Property Blog

FEBRUARY 16, 2021

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. TA Foods Ltd. 2021 FCA 7 Section 53.1 In contrast, TA only used a Micronizer for heating oil seed via infrared radiation.

Patent Prosecution 52

Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

IP Watchdog

NOVEMBER 14, 2023

This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications. The Office has seen a 20% growth in design patent applications over the last five years.

Design Patent 59

Design Patent Design Designs Patent 59

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

SpicyIP

APRIL 3, 2024

Concerns Expressed by the Delhi High Court As quick background, an appeal was filed by Man Trucks and Bus SA against the Controller’s order dated March 18, 202, rejecting its patent application for “Particle separator and method for separating particles of an exhaust stream of an internal combustion engine.”

Patent 45

Patent Art Invention Patent Prosecution 45

SpicyIP

APRIL 10, 2024

Interested readers can read more on the Ceritinib patent litigation here.) Madras High Court Revokes Omega Ecotech’s Patent The Madras High Court on March 28, 2024 revoked Omega Ecotech’s Patent on a multistage bio composting kit and method of composting.

Patent 45

Patent Cease and Desist Invention Art 45

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

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. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

IP 52

IP Registration Trademark Brands 52