Posts Tagged: prior art
The Inventive Step in Chinese Patent Law Compared With the U.S. Non-Obviousness Standard
While China is becoming an increasingly attractive patent filing destination for foreign companies, foreign counsels are often confused by the country’s inventive step requirement. Indeed, Chinese …
Federal Circuit Affirms Admissibility of Evidence Supporting Availability of Prior Art Submitted in IPR Reply Brief
On November 25, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board in VidStream LLC v. Twitter, Inc., in which the PTAB held VidStream’…
Thought Experiment: Is Our Patent System Ready for a Potential Future of Brain Interfacing?
Currently, brain recording and/or brain stimulation is used almost entirely for medical or research purposes. Invasive surgery is generally required to read neural signals with high …
District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel
The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
Background Pitfalls When Drafting a Patent Application
Generally speaking, the first section of a patent specification will be the Background. The Manual of Patent Examination and Procedure (MPEP) recommends that the Background be broken …
Artificial Intelligence Will Help to Solve the USPTO’s Patent Quality Problem
About a month ago, Steve Brachmann authored an article concerned with a brief given to Capitol Hill staff by Professors Frakes and Wasserman. The article highlighted fundamental, …
Curing the Drug Label as Prior Art Malady at the PTAB
Petitioners challenging patents covering pharmaceuticals and biologics often use drug product labels as prior art in the Patent Trial and Appeal Board (PTAB). To effectively use a …
Google Fails to Overturn PTAB Decision Upholding Koninklijke Philips Patent Claims at Federal Circuit
On October 23, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the Patent Trial and Appeal Board (PTAB) that Google failed …
CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References
The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in …
How China Will Fundamentally Change the Global IP System
Currently, the massive volume of filings at the Chinese Patent Office (CNIPA) exceeds the filings of the next four most active patent offices combined. It portends a …
Other Barks & Bites for Friday, July 12: Final Rule on Drug Prices in TV Ads Blocked, Huawei Pronounced Top Chinese Patent Earner, and Brazil Joins Madrid Agreement
This week in Other Barks & Bites: The Trump Administration’s Final Rule that would have required list prices of drugs to be displayed in television ads is …
U.S. Cannabis Inventions on the Rise As Legal Marijuana Market Grows
The shifting status of marijuana from an illegal controlled substance to regulated medicinal product to, in some jurisdictions, legalized recreational activity has created a market that promises …
Federal Circuit Addresses Whether Anticipating Prior Art Reference is ‘By Another’ as Described in 35 U.S.C. § 102(e)
The Federal Circuit recently overturned a Patent Trial and Appeal Board (Board) inter partes review decision finding that an IPS Group (IPS) patent was not unpatentable as …
Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law
To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
Techniques for Patenting Blockchain in Europe, the United States, China and Japan
Patentability of Blockchain is a hot topic primarily because of the tremendous expectations around this emerging, disruptive and promising technology. On December 5, 2018, the European Patent Office (EPO) …
