Patent Claims as Elements Rather Than Boundaries

In order for a prior art reference to anticipate a patent claim, each and every element of the claim must be present in the prior art reference.  Or the analysis for infringement: for there to be infringement, each and every element of the claim must be present in the accused product or process, either literally or as an equivalent.  In both cases, patent claims are treated as if they ar... »

Law business research

The Patent Litigation Law Review: USA

The United States has a highly developed system of patent litigation, largely because of its historic investments in the research and development of technology, coupled with its large and profitable market for products produced both domestically and abroad. US patents are granted based on applications that are examined by the US Patent and Trademark Office (PTO). Those patents can be enforced in t... »


EFF Successfully Defends Users’ Right to Challenge Patents and Still Recover Legal Fees

When individuals and companies are wrongly accused of patent infringement, they should be encouraged to stand up and defend themselves. When they win, the public does too. While the patent owner loses revenue, the rest of society gets greater access to knowledge, product choice, and space for innovation. This is especially true when defendants win by proving the patent asserted against them is inv... »

Law business research

The Patent Litigation Law Review: India

The Indian Patents Act, 1970, recognises product and process patents. The Act allows the applicants to file provisional applications that are followed by non-provisional applications, convention applications under the Paris Convention, national phase application pursuant to Patent Cooperation Treaty (PCT) international application designating India, divisional application and patent of addition ap... »

Law business research

The Patent Litigation Law Review: EPO

The European Patent Office provides an opportunity to file a central opposition against the grant of a European patent within an opposition period of nine months. Opposition proceedings are predominantly written proceedings, but typically will conclude with oral proceedings before an Opposition Division of three members. Decisions of the Opposition Divisions may be appealed to the Boards of Appeal... »


Guest Post: Pandemic Drug Shortages: is Compulsory Licensing the answer?

Due to the global nature of the COVID-19 pandemic, vaccines and treatments are in short supply and prohibitively expensive for many countries. For this reason, some scholars and foreign governments have argued that all IP rights should be suspended for such drugs for the duration of the pandemic. Others have made the more modest recommendation that countries be permitted to use compulsory licensin... »


Moot on Appeal: Patentee’s Infringement Disclaimer Remove’s Challenger’s Ability to Appeal IPR

In a split opinion, the Federal Circuit has dismissed ABS Global’s appeal of its failed IPR trial — finding the appeal moot. U.S. Patent No. 8,529,161. The simple story here is that Cytonome sued ABS for infringement of the ‘161 patent but lost on summary judgment of non – infringement.  Cytonome did not pursue an appeal, and expressly “disclaim such an appeal.” Mean... »

alm media properties

Supreme Court Will Decide if Turnabout is Fair Play in Patent Law

The justices agreed Friday to review the doctrine of assignor estoppel, which says that an inventor can’t sell somebody patent rights and then later attack them as invalid. The Supreme Court is gearing up to enter a long-running debate on whether a person who sells the patent rights to an invention can later turn around and attack the patent’s validity. Source: ALM Media Properties, LLC »


China: Patent Protection: Defences – Options, Strategies, Procedures

Invalidity defence is one of the most commonly and firstly used defences made by a defendant in a patent infringement lawsuit. By the invalidity defence, two goals may be sought for i.e. having the patent invalidated completely or partly and making the claims of the patent to be limited further or narrowed down in scope and/or clarifying the protection scope of the claims of the patent. There is a... »

JD Supra

New Rules Will Help Patents Survive IPRs

The US Patent and Trademark Office (USPTO) has now made another rules change to counter the charge that it is a patent “death squad.” The upcoming change to the rules governing inter partes reviews (IPRs) and post-grant reviews (PGRs) will make patents easier to defend. The change takes effect on January 8, 2021. Under the new rule, the presumption favoring petitioners is eliminated. Any... »

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