Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Why Should an Inventor File a Provisional Patent Application?

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Intellectual Property Law Blog

OCTOBER 4, 2022

During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series. that filed U.S.

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Technology Patent Application Trademark Patent 242

JD Supra Law

DECEMBER 21, 2021

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. Originally published on the Maple Business Council website. By: Knobbe Martens

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JD Supra Law

JANUARY 28, 2025

The Federal Circuit recently addressed a deceptively straightforward question: does a published U.S. patent application qualify as prior art as of the applications filing date in inter partes review (IPR) proceedings?

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JD Supra Law

JANUARY 29, 2025

In a precedential opinion entered on January 14, 2025, the United States Court of Appeals for the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (PTAB) invalidating claims of a patent on obviousness grounds under 35 U.S.C. By: Dorsey & Whitney LLP

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Patently-O

FEBRUARY 4, 2022

The rate is based upon two numbers: The number of patents issued each quarter, and the number of applications abandoned each quarter. Allowance Rate = Patents / (Patents + Abandonments). Because I only have detailed abandonment data on published applications, I limited all the data to only published applications.

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Patently-O

MARCH 27, 2025

by Dennis Crouch In a significant decision, the Federal Circuit has established a more rigorous test for determining when a published patent application claiming priority to a provisional application can be considered prior art as of its provisional filing date. Continue reading this post on Patently-O.

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JD Supra Law

JANUARY 23, 2025

On appeal from an inter partes review (IPR), the Federal Circuit held that, under pre-America Invents Act (pre-AIA) law, a published patent application is prior art as of its filing date as opposed to its later date of publication.

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The IPKat

AUGUST 10, 2021

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim.

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SpicyIP

JULY 28, 2022

Continuing on from the previous blogpost , we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. Author: Amit Tailor.

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The IPKat

JANUARY 22, 2025

The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.

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JD Supra Law

JANUARY 16, 2025

that published U.S. patent applications may continue to be used as prior art in inter partes review (IPR) proceedings as of the date the application was filed with the U.S. Patent and Trademark Office (USPTO). Court of Appeals for the Federal Circuit ruled on Jan. 14, 2025, in Lynk Labs, Inc.

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Patently-O

DECEMBER 13, 2022

This updated chart groups patent applications by filing date and then divides each group into three categories: Patented, Abandoned, and Pending. This may be due to the movement among patent attorneys to draft more technical and detailed patent applications. Look at the applications filed in early 2021).

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JD Supra Law

APRIL 3, 2025

The US Court of Appeals for the Federal Circuit established a more demanding test for determining whether a published patent application claiming priority to a provisional application is considered prior art under pre-America Invents Act (AIA) 35 U.S.C.

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SpicyIP

AUGUST 29, 2024

Madras HC Remands Patent Application Back to IPO for Reconsideration By Md. Sabeeh Ahmad The Madras HC in a judgment this week has, on an appeal by Hendrickson USA (manufacturers of heavy-duty suspensions), remanded their patent application for “Axle Mount For Heavy-Duty Vehicle Brake System Components” back to the Patent Office.

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JD Supra Law

JANUARY 20, 2025

affirmed the Patent Trial and Appeal Boards ruling that a published patent application can be deemed prior art in an IPR as of the applications filing date.Op. On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. Samsung Electronics Co., 2023-2346 (Fed. By: WilmerHale

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Patent Application Publishing Art Patent 63

IP Watchdog

JANUARY 17, 2025

This week in Other Barks and Bites: the Copyright Royalty Board announces audits into Section 112 and Section 114 statutory license royalty payments by iHeartMedia and others; the Ninth Circuit finds that kinetic, moveable sculptures may be sufficiently fixed to establish copyright protection; the USPTO publishes findings from economic studies showing (..)

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JD Supra Law

APRIL 1, 2025

Patent Trial and Appeal Board (the Board) that a published patent application (Lettich) qualified as prior art to a pending application, U.S. Patent Application No. 11/005,678 (the 168 Application), because the Boards analysis as to Lettichs prior art status was incomplete. In re Riggs, No.

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Art Patent Application Publishing Patent 63

The IPKat

SEPTEMBER 10, 2023

The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 ( T 0116/18 ). The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. suppressallis" shown in their post-published evidence for technical effect.

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Intellectual Property Law Blog

OCTOBER 11, 2022

16/524,350 (“DABUS”) , the Applicant attempted to claim a machine as the inventor of a patent application. For example, the application data sheet (ADS) cited a single inventor “DABUS” as the given name and “(Invention generated by artificial intelligence)” as the family name. In In re Appl.

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Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Are you a foreign business looking to apply for a US patent?

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JD Supra Law

JANUARY 23, 2025

Before Lourie, Prost, and Stark - Summary: In an IPR, a patent application is considered a printed publication as of the applications filing date, not its publication date. Samsung filed a petition for IPR of a Lynk Labs patent, challenging various claims as obvious. By: Knobbe Martens

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IP Watchdog

MARCH 27, 2025

On Tuesday, the European Patent Office (EPO) published the Patent Index 2024, the latest edition of the EU patent agencys annual snapshot into global innovation through the lens of European patent application filings.

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Technology Invention Patent Editing 59

IP Watchdog

NOVEMBER 7, 2024

Today, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report, providing a snapshot of IP filing activities across the globe during 2023.

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Reporting IP Intellectual Property Patent Application 59

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. Is this fair? It depends.

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Intellectual Property Law Blog

NOVEMBER 22, 2021

Under PPH, prosecution of a patent application previously filed with a participating patent office can be fast-tracked in another participating patent office if the patent application meets certain requirements. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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IAM Magazine

OCTOBER 25, 2021

Co-published - How applicants can give themselves the best possible chance of obtaining commercially useful rights.

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JD Supra Law

JUNE 9, 2022

Rules amending the Patent Rules1 were registered on June 2, 2022 and will largely come into force on October 3, 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are similar to draft rules published for public comment in 2021 and discussed in our previous article.

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Patent Application Patent Publishing 98

JD Supra Law

JULY 25, 2024

The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application. Originally published in Bloomberg Law - July 22, 2024. By: WilmerHale

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Patent Application Art Patent Patent Law 61

JD Supra Law

DECEMBER 7, 2023

Imagine excitedly filing a patent application, waiting years for the case to be examined, and then finding your application rejected on grounds that it is obvious or anticipated by your own previously published work. This is a common situation, but it may be avoided with careful planning.

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SpicyIP

NOVEMBER 21, 2024

Image from here Recently, WIPO published its 2024 IP Indicator , capturing the trends in the global IP filing and their administration. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime.

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IP Patent Application Patent Reporting 64

IAM Magazine

SEPTEMBER 6, 2021

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights.

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Patent Application Patent Invention Publishing 97

JD Supra Law

FEBRUARY 13, 2025

This case addresses the date on which a pre-AIA published patent application obtains its status as prior art. In this edition of The Precedent, we outline the recent federal circuit decision in Lynk Labs, Inc. Samsung Elecs. By: Vorys, Sater, Seymour and Pease LLP

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IP Watchdog

NOVEMBER 26, 2022

in 2021, according to a report published November 21 by the World Intellectual Property Organization (WIPO). The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. Trademark applications grew at a much faster rate than patent applications, with a 5.5%

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SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.]

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Intellectual Property Law Blog

SEPTEMBER 8, 2021

Note: First published in The Intellectual Property Strategist and Law.com. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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Intellectual Property Law Blog

SEPTEMBER 1, 2021

Note: First published in The Intellectual Property Strategist and Law.com. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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