Comments Due on §101 Patent Eligibility Guidance

patent

Back in July 2022, the new Director of the USPTO, Kathi Vidal, announced that the USPTO would be seeking comments on its anticipated guidance on §101 patent-eligibility. The deadline for those comments is rapidly approaching on September 15, 2022. The announcement was made against the backdrop of the USPTO’s release of a report to Congress …

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Sequence Listing Big Bang Date Has Arrived

patent PCT

July 1, 2022 is the so-called “Big Bang” deadline for new PCT applications which disclose nucleotide and/or amino acid sequences to be filed using the new WIPO’s ST.26 Standard, rather than the previous ST.25 Standard. WIPO, or World Intellectual Property Organization, is the international agency that administers the Patent Cooperation Treaty (PCT), and had announced …

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USPTO Terminating Agreement with Rospatent

patent PCT

Just as the war in Ukraine resulting from Russia’s invasion has passed 100 days, the United States Patent and Trademark Office (USPTO) announced it will terminate its agreement with its Russian counterpart, the Russian Federal Service for Intellectual Property, ​Patents and Trademarks (aka Rospatent), effective December 1, 2022. Rospatent will no longer function as either …

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DOJ Urges SCOTUS to Take Up Patent Eligibility

101 patent patent eligible subject matter

On May 24, 2022, the U.S. Solicitor General filed the government’s views on patent subject matter-eligibility as requested by the U.S. Supreme Court way back in May 2021.  The Solicitor General requested that the U.S. Supreme Court grant the petition for certiorari in American Axle & Manuf., Inc. v. Neapco Holdings LLC.[1]  The Solicitor General …

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World I.P. Day

COVID patent

Today, April 26, 2022, is World I.P. Day, where the World Intellectual Property Organization (WIPO), a specialized department of the United Nations, focuses attention on educating the public on all aspects of intellectual property rights and regimes. The theme this year is “IP and Youth.” This blog posting, however, will focus on COVID-19, and specifically …

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U.S. Patent No. PP34,051 P3, for Cannabis Plant Named AV1-1

patent plantIP

Today is an auspicious day for cannabis proponents, so we illustrate one recently issued patent to recognize this date. U.S. Patent No. PP34,051 P3 (‘051) issued on March 22, 2022, for “Cannabis Plant Named ‘AV1-1.’” It was issued to inventor Ytzchak Cohen of Tel Aviv, Israel. The applicant/assignee is Tikun Olam Ltd. of Tel Aviv, …

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No April Fool’s: Russia Allowing I.P. Theft in Wake of Ukraine War

patent

The Russia-Ukraine war has just entered its second month, and it appears Russia is using intellectual property piracy as a weapon in retaliation for crippling economic sanctions levied against it after Russian forces invaded Ukraine in February 2022. The decree was issued on March 7, 2022, just two weeks after the Russian invasion. The decree …

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USPTO Cuts Ties with Rospatent, Belarus, EAPO

patent trademark

On March 7, 2022, the United States Patent and Trademark Office (USPTO) announced that it severed its ties with the Federal Service for Intellectual Property of Russia (i.e., Rospatent) and the Eurasian Patent Organization (EAPO) (which is based on Russia), as well as the National Center for Intellectual Property of Belarus. This is consistent with …

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Ukrpatent Is, Amazingly, Still Operating

copyright patent trademark

As news of the Russian invasion of Ukraine happened last week, the Ukraine State Intellectual Property Institute, or Ukrpatent, announced that it is, in fact, still operating on full-time “providing all the necessary functions and continuous operation of the state system of legal protection of intellectual property.” The Ukrpatent office is located in downtown Kyiv, …

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In U.S., Only Humans Can Be Inventors or Creators

authorship copyright inventorship patent

In the U.S., patents are issued to inventors and copyrights are registered to authors. Artificial intelligence (AI) has been gaining traction in automation of business processes, creating more efficient applications, and gathering of data analysis. However, as seen with the recent U.S. Copyright Office’s recent Copyright Review Board’s (CRB) decision demonstrates that under U.S. copyright …

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