Patently-O

JUNE 5, 2023

by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. She’s suing them instead ,” by Rachel Weiner. Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire.

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Patent Law Law Patent Publishing 119

JD Supra Law

JANUARY 18, 2024

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions. By: Smart & Biggar

Patent Law 80

Patent Law Law Patent Reporting 80

Intellectual Property Law Blog

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

Patent Law 147

Patent Law Patent Law Art 147

JD Supra Law

SEPTEMBER 18, 2024

Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of design patent law. The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. By: Bennett Jones LLP

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Design Patent Patent Law Designs Design 76

Intellectual Property Law Blog

APRIL 24, 2023

The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. Click here to read more.

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Reporting Patent Law Law Patent 262

JD Supra Law

JULY 18, 2024

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know. By: Baker Donelson

Patent Law 76

Patent Law Intellectual Property Law Law Intellectual Property 76

Patently-O

MAY 18, 2023

Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law. In recent years, there has been a growing emphasis on promoting innovation and competition by limiting the scope of patent monopolies. ” The outcome of the Amgen v.

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Patent Law Law Patent Invention 122

JD Supra Law

JULY 11, 2024

Here, the Intellectual Property Litigation Group offers some of its own reactions to this decision's implications for patent law. Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. By: Venable LLP

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Patent Law Law Intellectual Property Patent 66

JD Supra Law

MARCH 25, 2024

have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be patented. Two recent developments, one in the U.S. and one in the U.K., By: Skadden, Arps, Slate, Meagher & Flom LLP

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Patent Law Law Patent Invention 74

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Image with the text ‘open the gate’ (Image from here ).

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Reporting Patent Law Patent Application Patent 136

JD Supra Law

MARCH 29, 2024

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010.

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Patent Law Law Patent 72

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines.

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Patent Law Patent Inventor Invention 137

JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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Inventor Patent Law Law Patent 76

IP Law 360

DECEMBER 20, 2024

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger atRothwell Figg.

Patent Law 52

Patent Law Law Patent 52

JD Supra Law

JANUARY 3, 2024

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many amendments in the new Rules, and we have summarized the need-to-know points for your reference.

Patent Law 76

Patent Law Law Patent 76

JD Supra Law

APRIL 21, 2023

A new surge in business innovation has arrived as companies take advantage of the unique efficiencies and benefits of artificial intelligence (AI). Recent news headlines about chatbots like ChatGPT and Bard highlight the explosive growth in this space.

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Patent Law Law Patent Business 102

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

Patent Law 128

Patent Law Law Inventor Patent 128

Patently-O

MARCH 25, 2024

By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for years and often the books seek to teach the subject through cases, which is a very difficult way to learn it.

Patent Law 76

Patent Law Law Patent Litigation 76

JD Supra Law

APRIL 30, 2024

At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use. In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives.

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Invention Patent Law Law Government 120

Intepat

JANUARY 15, 2024

The Present appeal involved three issues Issues 1 – The Scope and meaning of the term “inventor” in the 1977 Act The interpretation of Sections 7 and 13 in patent law leads to a clear conclusion: an inventor must be an individual, specifically a human. Mr.Thaler has explicitly disclaimed being the inventor in this context.

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Inventor Patent Law Invention Law 94

IP Watchdog

AUGUST 15, 2023

With its recent revisions to its patent enforcement and damages laws, China took a decisive step towards a more rigorous patent system that favors patentees, both domestic and foreign.

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Patent Law Law Intellectual Property Patent 98

JD Supra Law

MARCH 15, 2023

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. §

Patent Law 97

Patent Law Law Patent 97

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. As in years past, the exam was worth less than half of the final grade because the students did other substantial work during the semester, including a major moot court competition.

Patent Law 78

Patent Law Law Patent Patent Application 78

JD Supra Law

MAY 22, 2024

GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. By: Wolf, Greenfield & Sacks, P.C.

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Design Patent Designs Design Patent Law 109

Plagiarism Today

JULY 3, 2024

But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.

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Trademark Copyright Plagiarism Patent 168

Patently-O

SEPTEMBER 12, 2024

This post delves into these cases and what I call the ‘glove doesn’t fit’ fallacy in patent law obviousness doctrine; it also provides a discussion of how written description continues to be a risk, even in inter partes review (IPR) proceedings.

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Patent Law Law Patent Art 59

Patently-O

OCTOBER 4, 2021

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).

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JD Supra Law

JULY 8, 2024

For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company. Originally published in Law360 on April 5, 2024.

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Patent Law Law Publishing Patent 69

The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. In pre-revolutionary France, similar royal privileges were granted under the name “patente”.

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Patent Patent Law Invention IP 123

Intellectual Property Law Blog

OCTOBER 8, 2021

The utility of such appeal is questionable, however, as the District Court aptly stated “it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.” patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution.

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Inventor Patent Invention Technology 189

IP Law 360

OCTOBER 24, 2024

The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

Patent Law 52

Patent Law Inventor Law Patent 52

JD Supra Law

DECEMBER 18, 2024

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the Unified Patent Court Agreement ("UPCA") contains no provision on the doctrine of equivalents.

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Patent Patent Law Law 81

JD Supra Law

SEPTEMBER 20, 2024

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology.

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Patent Law Patent Infringement Patent Law 66

IP Watchdog

OCTOBER 5, 2022

In an effort to spice up my patent law life, I have become especially interested in patent analytics over the past few years—that’s right, I just used “patent analytics” and “spice up” in the same sentence. Lawyers should always be trying to look at things from new and different angles to gain an edge.

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Patent Prosecution Patent Patent Law Law 124

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

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Patent Patent Law Law Litigation 111

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

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