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Bodman

Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners

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The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law....more

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on

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....more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues AI Subject Matter Eligibility Guidance

The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more

Morgan Lewis

Breaking Down the USPTO’s Not-So-Obvious Obviousness Guidelines

Morgan Lewis on

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex...more

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

2023 Design Patents Year in Review: Analysis & Trends: Global Design Law and Policy: Gains and Setbacks in Protecting Digital and...

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of...more

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...more

Haug Partners LLP

A U.S. View on the UPC – Part 1: The Basic Case Structure of an Infringement Action

Haug Partners LLP on

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

Polsinelli

USPTO’s New Electronic Grant System Shortens the Time to File Continuing Applications

Polsinelli on

On April 18, 2023, the United States Patent and Trademark Office (“USPTO”) updated the patent grant system to an electronic patent grant (“eGrant”) system. Previously, the USPTO issued patent grants to patent applicants via...more

Morrison & Foerster LLP

USPTO to Launch New Patent Issue Procedure on April 18: What You Need to Know

In a recent press release, the U.S. Patent and Trademark Office (USPTO) announced that, starting on April 18, 2023, the Office would begin issuing electronic patent grants (eGrants) to patent recipients....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Notice Regarding Certain Filing Receipts Issued Between March and October 2022

Last week, the U.S. Patent and Trademark Office issued a Notice advising Applicants to review filing receipts issued between March 2022 and mid-October 2022 to confirm that the granted foreign filing license notification has...more

ArentFox Schiff

Global Perspective on Patenting of Blockchain, Crypto, and DeFi Technologies

ArentFox Schiff on

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early...more

Womble Bond Dickinson

European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

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Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court...more

Cozen O'Connor

Important Changes to European Patent Practice

Cozen O'Connor on

After 45 years, the European Patent Office is replacing the existing regional patent system that has local enforcement with a new Unitary Patent (UP) system that has enforcement throughout Europe by a Unified Patent Court...more

McDonnell Boehnen Hulbert & Berghoff LLP

Think Twice About Appealing a § 101 Rejection to the PTAB

The U.S. Patent and Trademark Office (USPTO) established its Patent Trial and Appeal Board (PTAB) in September 2012.  As mandated by the America Invents Act, the PTAB conducts administrative trials, such as inter partes...more

McCarter & English, LLP

New Bill Seeks to Remove Long-Standing Roadblock to Patent Protection

Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving...more

Vinson & Elkins LLP

AI Need Not Apply: Federal Circuit Holds Artificial Intelligence Cannot Be an Inventor

Vinson & Elkins LLP on

On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed. Cir. Aug. 5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. In rejecting a...more

Fox Rothschild LLP

The Patent Eligibility Restoration Act of 2022. What You Need to Know.

Fox Rothschild LLP on

A new bill currently pending in the U.S. Senate could have significant implications on what can and can’t be patented in the United States. The Patent Eligibility Restoration Act of 2022, introduced Aug. 2 by Sen. Thom...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court Sidesteps America's Patent Eligibility Crisis

In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged in the last two weeks, the justices have denied certiorari in American Axle & Mfg. Inc. v. Neapco Holdings...more

Goodwin

Canadian Patent Examination Will Soon Be More Expensive, Less Flexible and Require Additional Care in Prosecution to Avoid Loss of...

Goodwin on

Canadian Patent Examination - Significant fee increases will be effective at the Canadian Intellectual Property Office (“CIPO”) on October 3, 2022 related to excess claims (claims over 20) and the number of examination...more

BakerHostetler

Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

BakerHostetler on

On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a...more

Goodwin

The Unified Patent Court is (Finally) Coming to Europe and Bringing Some Pretty Fundamental Changes with It

Goodwin on

Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more

Womble Bond Dickinson

Russian Sanctions Create Patent Risks

Womble Bond Dickinson on

While multi-national sanctions recently imposed on Russia were intended to punish Russia for its aggression in Ukraine, the effects of the sanctions have led to a need for tough decisions for U.S. entities with patent...more

Kilpatrick

Patents Are Winding Down in Russia

Kilpatrick on

Ordinarily, a deadline that is three months away is normal for patent prosecution. Yet, Russia’s devastating invasion of Ukraine spurred rapid, unexpected Western sanctions that are anything but normal. The U.S. deadline...more

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

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

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