News & Analysis as of

Intellectual Property Protection Patents Patent Examinations

Strafford

[Webinar] USPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution - June 27th,...

Strafford on

This CLE course will guide patent counsel on leveraging interviews with the United States Patent and Trademark Office (USPTO) patent examiners to prosecute patents more efficiently. The panel will provide insight into...more

IPRally

[Webinar] Quality of Patents in the AI Era: a SWOT Analysis - June 12th, 9:00 am PT

IPRally on

Join us for the "Patent Quality in the AI Era" webinar, where we'll explore the transformative journey of a patent attorney turned software entrepreneur, aiming to enhance patent quality through innovation. This session...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Strategies for Successful Patent Owner Reexamination Requests

Takeaways: - Patent owner requested reexaminations are not an admission of claim unpatentability. - Patent owners can and should control the reexamination request narrative. Patent owners must consider the pros and...more

Kilpatrick

Updated Guidelines for Patent Examination in the European Patent Office Create Uncertainty for Patentability of AI Technology

Kilpatrick on

On March 1, 2024, updated Guidelines for Examination (“Guidelines”) in the European Patent Office (“EPO”) went into effect. The updated Guidelines included substantive changes with broad implications for the patentability of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Fixing Unintentional Duty of Disclosure and Candor Issues Through Supplemental Examination

A significant procedure for patent owners, Supplemental Examination, was established in the 2012 America Invents Act when Congress determined there should be a proceeding to turn events that in the past could lead to...more

Procopio, Cory, Hargreaves & Savitch LLP

Artificial Intelligence the Focus of New USPTO Patent Examiner Guidance

The burgeoning artificial intelligence (AI) sector received a boost late last year with President Biden’s “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” It directed the...more

Foley & Lardner LLP

When Will the LLM Patent Wave Hit?

Foley & Lardner LLP on

Major technology paradigm shifts are typically followed by a wave of patent application filings. If you don’t believe that, a quick patent search will validate this for your technology of choice. What you’ll also find is...more

Knobbe Martens

USPTO Says Wands Still Controls Enablement Analysis Post-Amgen

Knobbe Martens on

On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et...more

MoFo Tech

Top 10 Considerations In Licensing Cleantech Innovations

MoFo Tech on

Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas...more

Linda Liu & Partners

Third Party Observation in Patent Prosecution in China

Linda Liu & Partners on

In practice, companies regularly search the competitors's related published patent applications to determine whether they pose a threat to their own market activities. If necessary, companies can consider using the third...more

McDonnell Boehnen Hulbert & Berghoff LLP

Congress’ latest attempt to address subject matter eligibility

Through the vicissitudes of the continuing chaos of subject matter eligibility, Senators Coons and Tillis have been steadfast in attempting to provide a legislative solution. They chaired a series of Congressional hearings in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senators Tillis and Coons Once More Attempt to Fix Patent Eligibility

Patent eligibility is broken. The only semi-cogent arguments that I have ever heard in support of the status quo is that the U.S. Patent and Trademark Office issues too many broad, vague patents, and that 35 U.S.C. § 101...more

Linda Liu & Partners

CNIPA’s Requirements on Supplementary Experimental Data and Inventiveness Evaluation of CN Patent Application in Biology and...

Linda Liu & Partners on

On December 14, 2020, the China National Intellectual Property Administration released “Announcement about Amendments to the Guidelines for Patent Examination (Announcement No. 391)” on its website, showing that the amended...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Remains Hostile to Section 101 Appeals

There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1]  This has resulted in the general understanding that there are "easy" examiners and "tough"...more

Dickinson Wright

New USPTO Fee Schedule Reduces Costs for PCT Patent Filings and Small and Micro Entities

Dickinson Wright on

The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America. Congress is using...more

Stikeman Elliott LLP

Patent Rules Amendments In Force as of October 3, 2022, Reflecting Canada’s Commitments Under CUSMA

Stikeman Elliott LLP on

On October 3, 2022, the majority of the amendments introduced by the Rules Amending the Patent Rules on June 2, 2022, came into force and effect. The amendments aim to streamline the patent examination process and bring...more

Linda Liu & Partners

[Webinar] Best Practice to Procure a Pharmaceutical Patent in China - September 28th, 10:00 am - 11:00 am CEST

Linda Liu & Partners on

China's stance on pharmaceutical patents catches the eye of the entire globe due to its market position. Effective on January 15, 2021, the newly revised China’s Patent Examination Guideline provides new examination rules of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis' Patent Eligibility Reform Proposal: A Biopharma Perspective

Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an...more

Linda Liu & Partners

Principle of Holistic Consideration in Inventiveness Determination

Linda Liu & Partners on

Under Section 3.1 of Chapter 4, Part II of the Guidelines for Patent Examination, when evaluating whether or not an invention involves an inventive step, the examiner shall consider not only the technical solution itself, but...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Director's Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) released a blog post on the USPTO's Director's Blog on Monday addressing the fraught subject...more

International Lawyers Network

High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

In the recent case of The European Union vs. Union of India and Ors., W.P.(C)-IPD 5/2022 and W.P.(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of...more

Linda Liu & Partners

Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

[Webinar] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications - June 23rd, 10:00...

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

[Webinar] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications - June 22nd, 10:00...

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Smart & Biggar

New rules: Request examination of Canadian patent applications before October 3, 2022

Smart & Biggar on

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...more

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