IP Watchdog

OCTOBER 15, 2024

There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts.

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IP Watchdog

NOVEMBER 11, 2024

patent system, threatening America’s prosperity and national security. Encouraged and abetted by free riders who would benefit unfairly from others’ work, well-intentioned lawmakers and judicial activists have compromised the U.S.

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Patent Government Intellectual Property IP 118

IP Watchdog

OCTOBER 28, 2024

Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. One of the more interesting public policy reads of 2024 comes from the U.S.

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JD Supra Law

OCTOBER 21, 2024

The US Supreme Court has denied cert on several cases involving patents and trademarks, meaning that the Court will not consider the appeals and the lower court rulings will stand. By: AEON Law

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Patently-O

NOVEMBER 18, 2024

by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 inventors per patent seen in 1976. To continue reading, become a Patently-O member. To continue reading, become a Patently-O member.

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JD Supra Law

OCTOBER 31, 2024

The basis for obviousness-type double patenting (ODP) is found in 35 U.S.C. § 101, establishing an applicant is entitled to a single patent, “a patent” or the “first” patent, for an invention. By: Mintz - Intellectual Property Viewpoints

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The IPKat

AUGUST 13, 2024

OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. Who are OpenAI?

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IP Law 360

NOVEMBER 19, 2024

Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. Intellectual property law groups and Apple Inc. have recommended that the U.S.

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IP and Legal Filings

JULY 18, 2024

Introduction Patent revocation is a legal action undertaken by an external party, often an individual or an organization, challenging the validity and continuation of a granted patent. This process is based on specific criteria established by patent law. The patent was obtained through false suggestions or representations.

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Patently-O

NOVEMBER 15, 2024

by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. The story behind this trend begins with To continue reading, become a Patently-O member.

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Patent Trademark Blog

OCTOBER 31, 2024

What is the cost of fighting an Amazon seller patent case? The cost of an Amazon patent evaluation can range from a few thousand dollars to tens of thousands. Patent litigation in federal court can range from hundreds of thousands to millions. Need an Amazon contingency patent attorney who will charge fees based on results?

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IP Law 360

NOVEMBER 18, 2024

Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.

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IP Watchdog

JULY 30, 2024

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) today introduced a bill to restore the presumption of injunctive relief to patent owners facing infringement. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would essentially abrogate eBay v.

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JD Supra Law

AUGUST 12, 2024

In this episode, Troutman Pepper Partners Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings. By: Troutman Pepper

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IP Law 360

NOVEMBER 19, 2024

HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."

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Patent Licensing Technology 97

IP Law 360

OCTOBER 29, 2024

The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.

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Patent Trademark Blog

NOVEMBER 11, 2024

When is the design patent foreign filing deadline? The design patent foreign filing deadline is 6 months from your earliest design application. Generally, a US applicant will have 6 months from the US design patent application to file any foreign design patent applications. Need to file foreign design patent applications?

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Patently-O

AUGUST 22, 2024

has asked the Supreme Court to review 2024 Federal Circuit decision affirming the US International Trade Commission’s (ITC) finding of a Section 337 violation based on infringement of a TV-remote patent owned by Universal Electronics, Inc. by Dennis Crouch Roku, Inc.

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Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

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Patent Invention Patent Application Art 108

SpicyIP

OCTOBER 19, 2024

Assistant Controller of Patents & Designs , the court set aside the rejection of Kymab Limited’s patent application by the Assistant Controller. But first, what is Section 3(i) of the Patents Act, 1970? Essentially, this provision restricts the granting of patents for any “method of treatment.”

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Patent Trademark Blog

OCTOBER 15, 2024

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. For creators of genuinely innovative products, it may seem unfair that they cannot stop copycats unless and until their patents are granted. Provisional patent applications are not published.

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The IPKat

NOVEMBER 10, 2024

, the IPKat published a post by KatFriend, Peter Arrowsmith ( GJE ) on the Court of Appeal's decision in Emotional Perception , together with a poll asking if it was time for an overhaul of the exclusions to patent protection. Having given readers three months to cast their vote, Peter is back to share the results of the IPKat poll.

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IP Watchdog

OCTOBER 20, 2024

Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance was October 16, and the Office received 24 total submissions. The 19 posted thus far overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies.

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Patently-O

JULY 9, 2024

Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. The Federal Circuit’s Cellect decision addresses this concern.

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IP Law 360

NOVEMBER 14, 2024

that a September panel ruling on patents asserted against the camera company created "a breathtaking expansion of subject-matter eligibility." The full Federal Circuit decided Thursday not to look further into arguments from GoPro Inc.

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Patent 92

JD Supra Law

SEPTEMBER 11, 2024

Are injunctions back as a matter of law in all patent cases? The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in the innovation ecosystem: the diminishing power of injunctive relief in patent infringement cases.

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IP Law 360

OCTOBER 1, 2024

Patent and Trademark Office is more likely to reject patent applications with valid claims than approve applications with invalid claims, according to a new report commissioned by former USPTO directors and Federal Circuit judges who were concerned about an alleged "epidemic" of bad patents.

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Patent Trademark Blog

SEPTEMBER 11, 2024

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Why does it matter that design patent applications are not published? Why does that matter?

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IP Law 360

NOVEMBER 20, 2024

The Patent Trial and Appeal Board has shot down Samsung's challenge to a Pictiva Displays patent covering technology used in features like smartphone flashlights, citing parallel district court litigation over the same patent.

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Patent Litigation Technology 52

Patently-O

JULY 8, 2024

This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application. Historically though patent term was measured from the issue date.

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SpicyIP

AUGUST 9, 2024

The Story Till Now On one hand, COVID-19 cases are rising yet again to everyone’s surprise, and on the other, the surprises from the Covaxin patent application don’t seem to stop. Two revisions in the patent applications have occurred since then, and this post analyses the events and their implications on the Covaxin patent.

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Patent Trademark Blog

OCTOBER 24, 2024

How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. It’s not just about whether the products infringe the utility patent. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?

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Patent Infringement Patent Cease and Desist Due Diligence 52

SpicyIP

OCTOBER 1, 2024

The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. The looming threat is the pending patent applications by Gilead in India.

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IP Law 360

NOVEMBER 20, 2024

Google has persuaded a California federal court to nip in the bud one of the newer patent lawsuits targeting its Nest smart home brand, winning a ruling that found an air conditioner capable of "calculating and comparing thermal efficiency" wasn't enough for a patent.

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SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v. 5360/CHENP/2010).

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The IPKat

OCTOBER 31, 2024

Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. Case Background The patent ( EP2443126 ) related to the plant extract Simalikalactone E and its use to treat malaria.

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JD Supra Law

OCTOBER 21, 2024

The US Patent and Trademark Office (USPTO or Office ) has issued a final order terminating 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.”. By: AEON Law

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