The IPKat

NOVEMBER 13, 2024

EP-AutoCla automatically classifies patent applications, relieving examiners of the time-consuming job of classifying documents manually. The EPO is continuing to develop AI-driven features to further enhance patent searches and legal research. Examiners review these shortlisted documents to finalize the search results.

Patent 118

Patent Patent Application Reporting Privacy 118

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. For example, specific to AI, MPEP 2106.03

Patent Application 130

Patent Application Patent Inventor Invention 130

Patent Trademark Blog

JULY 14, 2022

Leap of Faith: File a PCT patent application while your US application might get rejected? Timing your patent filings can be tricky. P:atent applicants typically find themselves in a moment of indecision when the foreign filing deadline approaches. How does that help your US application?

Patent Application 98

Patent Application Patent Art Reporting 98

SpicyIP

AUGUST 22, 2022

This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part II: Claims & Pluralities.

Patent Application 119

Patent Application Invention Patent Reporting 119

Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? It can feel overwhelming.

Patent Application 98

Patent Application Patent Design Designs 98

Patent Trademark Blog

MARCH 5, 2025

The general rule is that utility patents expire 20 years from the filing date of the earliest nonprovisional application in the patent family. Notice that a provisional patent application does not reduce the term of a utility patent. What if Reference Patent has a PTA, but Subject Patent does not?

Patent Application 52

Patent Application Patent Invention Art 52

JD Supra Law

JULY 22, 2022

The rapid spread of the novel coronavirus (officially known as “SARS-CoV-2” and hereinafter referred to as “NC” for short) led to the COVID-19 pandemic. All countries around the world are fighting against the disease. In this fight, detecting the virus accurately and rapidly is one of the important means to preventing its spread.

Patent Application 97

Patent Application Patent 97

JD Supra Law

APRIL 1, 2025

24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to determining when the filing date of a provisional patent application can be used for a non-provisional patent publication as a prior art reference under pre-AIA 102(e)(1).

Patent Application 62

Patent Application Art Patent 62

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The Opposition Division further found that by introducing this subjective statement, the applicant had effectively introduced a disclaimer into the description.

Art 116

Art Patent Application Patent Invention 116

Intellectual Property Law Blog

DECEMBER 20, 2021

In (2), claims are considered to “sufficiently correspond” where the AU claims are of the same, similar or narrower scope as the claims indicated as allowable/patentable by the OEE. With this in mind, we will continue our look into PPH requirements for Australia, Canada, South Korea, and Japan.

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Patent Prosecution Patent Copying Patent Application 189

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. Focus on the patent number.

Patent Application 52

Patent Application Patent Design Patent Publishing 52

Patent Trademark Blog

FEBRUARY 24, 2025

According to this Yale study , about 88% of US utility patent applications will receive a first rejection. Getting a first Office Action in your nonprovisional patent application is simply par for the course. Welcome to the club called Nearly Every Utility Patent Applicant. Basically, you are stuck.

Patent Application 52

Patent Application Patent Art Invention 52

JD Supra Law

JULY 23, 2024

The Patent Trial and Appeal Board has denied institution of an inter partes review, in part because the petitioner failed to show that a key reference qualified as prior art. The PTAB ruled that the petitioner was required to explain how a patent application publication was entitled to the priority date of a provisional application….

Patent Application 62

Patent Application Patent Art 62

SpicyIP

MARCH 24, 2025

The Controller had rejected a patent application by Arcturus Therapeutics for the applicants inability to file its second written submission on time. ” The Patent Office refused the application solely on procedural grounds, citing a delay in filing additional written submissions. In Blackberry Limited v.

Patent 59

Patent Patent Application Invention Design 59

Intellectual Property Law Blog

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S.

Patent 212

Patent Patent Application Technology Invention 212

SpicyIP

JANUARY 20, 2025

Case Summaries Gilead Sciences Inc vs Union Of India on 19 December, 2024 (Madras High Court) Image from here The writ petition pertains to a patent application filed by the petitioner, which was contested by the 4 th respondent through a post-grant opposition. Read this post by Aditi Agrawal discussing these issues!

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

JD Supra Law

NOVEMBER 21, 2024

Application No. The USPTO Examiners routinely reject patent applications for ODP over later-filed, later-expiring unrelated patents because Examiners use the pre-URAA standard of issue date to determine the reference patent without. 17/135,529 over the later-filed, later-expiring unrelated U.S.

Patent 62

Patent Intellectual Property Patent Application 62

Selvam & Selvam Blog

APRIL 1, 2025

Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian Patent Application No. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability. In response, the applicant submitted detailed responses and attended multiple hearings. 201944047460.

Invention 52

Invention Patent Patent Application Design 52

Patently-O

JUNE 30, 2021

Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement.

Patent Application 132

Patent Application Invention Patent Reporting 132

Patent Trademark Blog

DECEMBER 13, 2022

What does patent prosecution mean? Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. filing child applications.

Patent Prosecution 98

Patent Prosecution Patent Patent Application Litigation 98

SpicyIP

JANUARY 20, 2025

The letter also refers to an expert study in its annex that states Risdiplam, being a small molecule drug, its generic version can be made available to Indian patients for just Rs 3024 per year through local production. The letter points out that the maximum retail price for Risdiplam is Rs. 72 lakhs for children (12 bottles) and Rs 1.86

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Government Patent Invention Public Domain 119

Patently-O

MAY 24, 2024

This is a major shift in examination practice for design patents so it will be important to watch the developments to see whether the office ramps up design examination. In the decision, the court states: “In applying Graham factor one, the scope and content of the prior art, a primary reference must be identified.”

Design Patent 130

Design Patent Design Designs Art 130

The IPKat

JANUARY 28, 2024

The Opponent in the referring case to the Enlarged Board of Appeal (EBA) in G 2/21 has filed a petition for review following the final decision of the Board of Appeal. If the EBA agrees with the petitioner that there was a violation of their fundamental right to be heard, the case may be reopened.

Invention 69

Invention Publishing Law Patent Application 69

JD Supra Law

JULY 28, 2021

“Patent Prosecution” is a curious phrase for the non-initiated. The term refers to what happens after a patent application is filed with the U.S. Patent & Trademark Office (USPTO), particularly to the back-and-forth exchanges between the Patent Office and the applicant. By: Jason Nolan

Patent Prosecution 102

Patent Prosecution Patent Patent Application Trademark 102

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.

Invention 116

Invention Publishing Patent Application Patent 116

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

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Patent Invention Publishing Art 105

Patent Trademark Blog

MAY 22, 2023

You can file a patent for a novel invention, and still have your patent application rejected for claiming an obvious invention. So, let’s dig into what it means to have a patentable invention that is both novel and nonobvious. Need to file a patent? Novelty is the easier condition to satisfy.

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Invention Patent Application Patent Art 85

IP.com

JANUARY 3, 2022

When inventors, patent lawyers, and IP teams talk about patent abandonment, there are multiple practices they could be referring to. A patent or patent application can be abandoned at multiple. The post Patent Abandonment: Why It Matters appeared first on IP.com - IP Innovation and Analytics.

Patent 98

Patent Inventor Patent Application IP 98

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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Art Publishing Patent Application Invention 105

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. Need to file a utility nonprovisional patent application?

Patent Application 98

Patent Application Patent Art Blogging 98

The IPKat

NOVEMBER 27, 2023

The full written decision of the Board of Appeal in T 0116/18 , the referring Board to G2/21 , was published today. Whilst we have already had a number of Board of Appeal decisions interpreting G2/21 ( IPKat ), the decision in T 0116/18 provides the most comprehensive analysis so far.

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Invention Publishing Patent Application Law 69

Intellectual Property Law Blog

MAY 25, 2023

Patent Owner also argued that it complied with its duty of candor “because the withheld data was not “inconsistent with any statement in [its] witnesses’ testimony, Exhibit 2019” and was not “inconsistent with anything that the patent owner has said.” Under Rule 42.11, the duty of candor applies to any proceeding before the Board.

Patent 242

Patent Patent Application Art 242

Patently-O

JANUARY 28, 2022

Patent applicants must submit known prior art to the USPTO to assist in examination. The average number of references has grown tremendously, but not the median. The growth is driven by a small subset of applicants submitting a large number of documents. pic.twitter.com/nXQlUvU1LN.

Art 94

Art Patent Application Patent 94

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Design Designs Patent Application 98

Patent Trademark Blog

APRIL 19, 2023

But, what makes a patent application obvious? If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Want to file a nonobvious patent? Nevertheless, this is the reality that every utility patent applicant must face.

Patent 98

Patent Patent Application Invention Art 98

Patently-O

FEBRUARY 2, 2022

I posted some statistics on references cited in recently issued patents. Out of every 1,000 issued patents, only about 14 include prior art submissions from third parties. That raised some discussion in the comments regarding third-party prior art submissions.

Art 122

Art Patent Application Patent 122

Patent Trademark Blog

DECEMBER 2, 2022

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. What does straight continuation mean?

Patent Application 98

Patent Application Editing Art Blogging 98