Bryan College Vogel School of Engineering的动态

It takes approximately 3 to 6 months to study for the exam. Knowing how to draft a solid patent can potentially save money when getting in contact with attorneys. And all that's needed to sit for the exam is a STEM degree.

On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. GM Global Technology Operations LLC.? ? Sitting en banc, a panel of Federal Circuit judges overturned the Rosen-Durling standard for obviousness for design patents in favor of a more “flexible” approach utilized in utility patent decisions.? ? Following this decision, a new framework will be required to determine obviousness for design patents, whether at the USPTO during examination and post-grant proceedings, or before district courts in litigation. The ambiguity left in the wake of this decision will likely make it harder to obtain – and easier to invalidate – design patents. ? Read more in Sharona Sternberg’s #SunsteinInsights: https://lnkd.in/eC8TMdh5?

For anyone new to the field of patenting computer-related inventions in the life sciences space, this Ab-related decision is a great example of the EPO 2-hurdle approach for process claims - the two fold test for patent eligibility (A52) and for inventive step (A56). ? The decision highlights the importance of drafting claim language with the EPO 2-hurdle approach in mind so that the necessary amendments for Europe can be made without falling foul of the EPO gold standard for basis. ? In this application, PCT claim 1 had to be amended during prosecution to overcome both hurdles. ? For the A52 hurdle, the Examiner objected there was no step of a technical nature since ‘obtaining’ an image encompassed the mere act of providing an image. Amending the claim to ‘obtaining by imaging’ overcame this hurdle. ? For the A56 hurdle, the Examiner objected that the PCT claim did not have any additional step involving the USE of the score to serve a technical purpose. Amending the claim to add a step of ‘using the classification to predict if a subject is likely to respond to a PD-1 antagonist’ overcame this hurdle. ? However, the Patentee found themselves in a trap during opposition when the amendment to overcome the 2nd hurdle was found to add matter. ? A link to the full decision and a bite-size summary are provided below: https://lnkd.in/efz9KcD9 ? And for further discussion of technical contributions and the A56 hurdle please read my colleague Lauren Gregory's article on recent decision T 1741/22: https://lnkd.in/eQXWPqPG #cmspatents #antibodies #patents ?

The Indianapolis 500, the Iditarod sled dog race in Alaska and the Boston Marathon are all famous races, but the contest most important to inventors may be the race to the patent office. In 2013, the U.S. changed to a first-to-file patent system, giving priority (credit) to the inventor who files a patent first. In this video, I detail the history of patent filing, including why the U.S. Patent Office made the switch from a first-to-invent structure; explain what interference proceedings are and present the fascinating patent filing story of the telephone; and address how you may gain priority using a foreign patent filing or by filing a U.S. provisional patent application. Your invention is the most important thing, but a good pair of running shoes may be just as key when heading to the patent office. #PatentRace #FirstToFile #PatentHistory #InventorTips

The 8 new TQJs provide a huge boost in electronics and physics for the UPC. And there is a lot more to know about

For crying out loud get to the point! Stop making the patent examiner guess what the invention is. Instead of using language that is not industry standard with the idea that your claims are broader, say what you mean. Back in my litigator days I had an appellate judge tell me that he stops reading after pagy 10. If he was not persuaded there is a legitimate point he affirms. He was not wrong.

Interested in considering the jury pools in Sherman or Plano in the ED of Texas for an ip case such as patent or trade secrets? The attached General Order provides that if you file your complaint in the Sherman Division, you have a 50% chance of drawing Judge Mazzant in Sherman, and a 50% chance for Judge Jordan in Plano, TX.

Our Federal Circuit Update summarizes the current status of a new petition pending before the U.S. Supreme Court, a Federal Circuit en banc decision regarding the obviousness inquiry for design patents, and recent Federal Circuit decisions concerning standing, finality, personal jurisdiction, printed matter doctrine, and interferences under the pre-AIA statute. #SCOTUS #FederalCircuit #IP #AIA

Born in Ohio 177 years ago, Thomas Alva Edison is generally regarded as America’s most prolific inventor, with 1,093 U.S. patents in his name, as well as many patents in other countries. A key part of Edison's genius was improving upon others' technologies and making them more practical for the general public. One of the most well-known examples is the incandescent light bulb. Years before Thomas Edison patented his incandescent light bulb in 1880, scientists had already demonstrated that electric light was possible with the arc lamp. Following the development of the arc lamp in 1835, inventors around the world raced to perfect the incandescent light bulb—and particularly the filament contained therein. After much trial and error in developing his version of the incandescent light bulb, in 1880, Thomas Edison was granted U.S. Patent No. 223,898 to an “Electric Lamp.” But Edison wasn't the only inventor racing to commercialize the lightbulb. In 1885, two other inventors, William Sawyer and Albon Man were granted U.S. Patent No. 317676 directed to an “Electric Light.” The granting of the Sawyer-Man patent led to a fifteen-year legal battle between Thomas Edison and the owner of the Sawyer-Man patent over the patent rights for the light bulb. Edison’s efforts to enforce his patent rights ended at the Supreme Court, where the court ultimately invalidated the Sawyer-Man patent on grounds that a person would have to perform too much independent experimentation to practice the Sawyer-Man invention. The 1895 Supreme Court decision in The Incandescent Lamp Patent is one of the earliest examples of U.S. inventors enforcing their patent rights before the courts. For 100 years, the McKee, Voorhees & Sease litigation practice group has helped inventors protect and enforce their intellectual property rights across the U.S. We are Iowa’s largest and oldest boutique IP law firm. #intellectualproperty #ip #iplitigation #iplaw #ipenforcement

In this new op-ed on Law360, I consider the impact that Elon "Patents are for the Weak" Musk may have on the new Trump Administration's patent policies. How relevant will Musk's patent-skeptical approach be? He only holds 23 worldwide patents, compared to over 1100 for Steve Jobs, and he famously pledged in 2014 that Tesla would not assert patents against other companies operating in "good faith" (a promise he has largely kept, as I note elsewhere). Moreover, how will the duplicative patent jurisdiction of the U.S. International Trade Commission fare in an environment where Musk's new agency DOGE wants to cut $2 trillion from the federal budget and eliminate 75% of all federal agencies? This will surely be interesting to watch. University of Utah S.J. Quinney College of Law, University of Minnesota Law School, #patent, #ITC, #FRAND, #Musk, #Trump, #iancu, #patentpledges https://lnkd.in/gJ9FwtWc