Patently-O

NOVEMBER 29, 2024

by Dennis Crouch The USPTO utility patent grant rate data reveals an interesting narrative of policy shifts and administrative changes over the past fifteen years. Continue reading this post on Patently-O.

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The IPKat

NOVEMBER 13, 2024

In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. The AmeriKat has the t-shirt.now what?

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Patently-O

OCTOBER 14, 2024

by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. See Jorge Contreras, Patent Pledges , 47 Ariz. Continue reading this post on Patently-O.

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Patently-O

NOVEMBER 17, 2024

The updated patent claim count data through 2024 reveals a continuing trend toward standardization in claim counts, with both the median and mean hovering around 16-17 claims per patent. Read more here: Central Tendency in US Patent Claim Counts Continue reading this post on Patently-O.

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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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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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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

MAY 10, 2024

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

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IP Watchdog

OCTOBER 2, 2024

On October 30, the nonpartisan think tank, Sunwater Institute, published a policy report on patent quality in the United States including suggestions for U.S. policymakers to better address errors in examining and adjudicating patents for validity. Patent and Trademark Office (USPTO). on Wednesday.

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Erik K Pelton

OCTOBER 23, 2024

Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode. The post 25 Differences Between Patent, Copyright and Trademark appeared first on Erik M Pelton & Associates, PLLC.

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Erik K Pelton

JULY 23, 2024

What are the distinctions between patents, trademarks, and copyrights? To schedule a free initial consultation, visit [link] The post Patent, Trademark, and Copyright: Definitions and Differences appeared first on Erik M Pelton & Associates, PLLC. What are the distinctions between patents, trademarks, and copyrights?

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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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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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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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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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IP Law 360

OCTOBER 22, 2024

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

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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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IP Watchdog

MAY 9, 2024

For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4,800 users. What should be surprising—shocking even—is what was recently discussed in one quickly deleted thread within that patent examiner Reddit.

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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 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

JULY 11, 2024

Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5

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Patently-O

AUGUST 27, 2024

courtroom filled out a very simple verdict form that favored the patentee Lashify over the accused infringer Worldbeauty, who sells drugstore lashes: Q: Did Lashify prove, by a preponderance of the evidence, that Worldbeauty has directly infringed the asserted claims of the asserted patents? A: Yes, Yes, Yes (all 3 claims).

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Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The court and PTO left further development of this issue to future cases.

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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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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

AUGUST 30, 2024

Addressing invalidity due to obvious-type double patenting (ODP) based on later-filed-related patents, the US Court of Appeals for the Federal Circuit reversed a district court’s application of In re Cellect (Fed. Allergan USA, Inc.

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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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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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SpicyIP

NOVEMBER 9, 2024

Dr. Abolkheir labels the inherent fallacy within patent law as “ inventio ad hominem ” fallacy. Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself. Cipla Ltd. ,

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Patently-O

SEPTEMBER 8, 2024

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. Together those cases created a firestorm of invalid patents and challenges for the patent office and patent holders alike. 208 (2014).

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IP Watchdog

SEPTEMBER 5, 2024

Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. Zebra Techs. 4th 807 (Fed. 2024) (Zebra).

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Intellectual Property Law Blog

MAY 25, 2023

In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.”

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JD Supra Law

JULY 19, 2024

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024.

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JD Supra Law

SEPTEMBER 27, 2024

American patent law is evolving to allow damages for foreign sales of infringing products. patent laws may no longer be useful. Both American companies making sales abroad and foreign companies with exposure to American supply chains should take note. Previous strategies to potentially escape the reach of the U.S.

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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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JD Supra Law

AUGUST 14, 2024

There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. Emotional Perception AI Limited brought the case to court after the UK Intellectual Property Office refused to grant a patent to the company. By: A&O Shearman

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