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USPTO withdraws proposed changes to terminal disclaimer requirements
The United States Patent and Trademark Office (USPTO) has withdrawn its proposed rule to amend terminal disclaimer requirements to address non-statutory double patenting. Originally published in the Federal Register on May 10, 2024, the proposed rule sought to ensure...
Through the letterbox injunction awarded in registered design dispute Barber v. Wakefield
In a succinctly reasoned 10 pages of judgment, His Honour Judge Hacon has dismissed a claim for registered design infringement about a tool for getting a key through a letterbox and up to the lock on the inside of a door. Judge Hacon's analysis in Barber v. Wakefield...
Use of terms “payment” and “transactions” does not automatically classify an invention as a business method
The case involves an appeal by COMVIVA TECHNOLOGIES LIMITED (C.A.(COMM.IPD-PAT)492/2022) against the decision of the Assistant Controller of Patents and Designs. The Controller refused the patent application titled "Methods and Devices for Authentication of an...
The final round: UK Supreme Court grants leave to appeal to Emotional Perception AI Limited
Emotional Perception AI Limited (EPAIL) has been granted leave to appeal by the UK Supreme Court in its ongoing battle to secure a patent for its music recommender system using an Artificial Neural Network (ANN). This follows appeals in two instances after the UK...
Apple v. Masimo: the clash over pulse oximetry patents
Why would a trillion-dollar company leading the smartwatch market challenge a barely known watch? In this case, Apple sued Masimo for patent infringement, targeting its health watch which has negligible sales. In October 2024, a Delaware jury ruled that Masimo’s watch...
Is the European Artificial Intelligence Act going to become the de-facto global regime for artificial intelligence?
11 May 2023 marked the day the European Parliament's Committees gave the green light to the proposed European Artificial Intelligence Act (“EU AI Act”). It is now scheduled for a final debate in Parliament on 13 June 2023. Some members of European Parliament are...
Gilead wins: high-stakes battle over HIV drug patents
In the hallowed halls of intellectual property (IP) and the pharmaceutical industry, Gilead Sciences' recent victory over the US government is a game changer, folks. This isn't just about Gilead shaking off the government's patent claims like a dog shaking off water;...
Number of UK “Green Channel” patents falls by 47% within the last year
The fall in patent applications indicates the need for a better system to stimulate green technology Reduction of patent fees likely to increase eco-friendly inventions The number of “Green Channel” patent applications in the UK has fallen by 47% within the last year,...
IPO published transformation document: new patents service – one year to go
The new service will see the process of applying for a patent dramatically transformed over the next 12 months. Today, the IPO has published a transformation document which sets out what patents customers can expect over the next 12 months, and details of upcoming...
Unified Patent Court: continued preparations for its imminent launch
The implementation roadmap for the Unified Patent Court (UPC) was released in October 2022 by the UPC Preparatory team. The roadmap displays the key activities and milestones for the UPC in the lead up to its scheduled launch on June 1, 2023. One of those major...
Evergreening of patents: an elixir of life for pharmaceutical companies
“Mindless habitual behaviour is the enemy of innovation.”- Rosabeth Moss Kanter Grant of a patent is a monopoly right given exclusively to an inventor for a limited period of time. Such an invention should be new, non- obvious, and a useful product or process. In the...
Mental Health Awareness Week: get help!
Angus Lyon, LawCare volunteer and former solicitor who now works counselling lawyers online, writes about anxiety in the legal profession for Mental Health Awareness Week. There’s an old New Yorker cartoon by Danny Shanahan. Panel 1 shows Timmy floundering in a fast...
This Mental Health Awareness Week, LawCare is getting the legal community talking about anxiety
Anxiety is the theme of this year’s Mental Health Awareness Week (MHAW) and LawCare, the legal mental health and wellbeing charity, are highlighting the prevalence of anxiety in the legal community. Anxiety is one of the top three reasons people working in the law...
The three fallacies in modern patent translation 2.0
I am reading a book entitled "Translation Accuracy and Dissemination of Disclosure of Patent Information: An Analysis of Translation and its Influence on Patent Law" by Dr. Aline Larroyed. It is a highly recommended book for patent professionals who must deal with...
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