Reed Smith Intellectual Property’s Post

In our blog, Lindsay Littler Chiarello informs us that the USPTO’s First-Time Filer Expedited Examination Pilot Program has been extended to permit patent applications of eligible first-time filers to be examined out of turn. To read more, click on the link below.

@IEEESpectrum This patent engineer’s advice for first-time inventors is to know the value of your #intellectualproperty and don’t be afraid to file. https://lnkd.in/edfFsDKE

❇ On June 18, 2024, the European Patent Office (EPO) held a significant videoconference with Boeing's Intellectual Property team as part of its Quality Action Plan initiative. This meeting is one of 50 user engagements planned for 2024, highlighting the EPO's dedication to enhancing communication with its users and gathering insights to improve its processes. 𝗞𝗲𝘆 𝗗𝗶𝘀𝗰𝘂𝘀𝘀𝗶𝗼𝗻 𝗣𝗼𝗶𝗻𝘁𝘀: ✅ Patent Quality Assurance: The meeting focused on the EPO's essential role in ensuring high-quality and enforceable patents, aligning with its efforts to maintain rigorous standards in patent examination and grant procedures. ✅ Examination Consistency: Participants discussed the uniformity of examination approaches across different divisions, emphasizing the need for consistent application of patentability criteria. ✅ Search Quality and Timeliness: Boeing praised the EPO's search processes, noting the importance of thorough and timely prior art searches in the patent prosecution process. 𝗕𝗼𝗲𝗶𝗻𝗴'𝘀 𝗣𝗮𝘁𝗲𝗻𝘁 𝗔𝗰𝘁𝗶𝘃𝗶𝘁𝘆 𝗮𝗻𝗱 𝗣𝗿𝗼𝗳𝗶𝗹𝗲: Boeing is a leading patent applicant, ranking 74th in the EPO Patent Index 2023. They filed 318 patent applications in 2023, with a focus on commercial aviation, defense products, and space systems. With a global reach of over 150 countries and a workforce of approximately 170,000 employees, Boeing is a significant player in the innovation landscape. In summary, the high-level engagement between the EPO and Boeing exemplifies the evolving dynamics in the intellectual property landscape. As patent offices continue to refine their processes and major innovators seek to optimize their IP strategies, the role of experienced IP professionals becomes increasingly crucial. The right IP professional can help navigate these trends, adapt strategies in real-time, and effectively engage with patent offices. In today's competitive global market, staying ahead requires proactive IP management and reliable advice when it matters most. Contact our experienced specialists: info@frontpagepatents.com   #IntellectualProperty #FrontPageIP #EPO #quality #patent #IPstrategy #IPprofessional #IPmanagement

The Patent Trial and Appeal Board (PTAB) recently ruled on the timing requirements and procedures for filing a Sotera stipulation in the case of BMW of North America LLC v. Northstar Systems LLC, IPR2023-01017 (P.T.A.B. June 9, 2023). The Board emphasized that a petitioner’s Sotera stipulation should not be dismissed based on its timing when granting institution. This decision provides clarity on the treatment of Sotera stipulations before the Board. The ruling in this case underscores the importance of understanding the procedural aspects of filing a Sotera stipulation and the implications of timing in such filings. This development may have implications for future cases and provides guidance for parties involved in similar proceedings before the PTAB. The decision in BMW of North America LLC v. Northstar Systems LLC serves as a significant precedent in shaping the procedures and requirements for Sotera stipulations in PTAB proceedings.

Thrilled to share Jones IP's latest blog post exploring the vital role of prior art searches in the patent application process. #Patents #Innovation #IPR #LegalTech #PatentSearch #InventorLife #Startups

🔍 The Crucial Role of Prior Art Searches for Inventors 🔍 Our latest blog post discusses the indispensable process of prior art searches, a critical step for inventors on the path to securing a patent. Prior art searches not only safeguard against infringement but also significantly strengthen patent applications by ensuring your invention stands out as novel and non-obvious. ➡️ https://lnkd.in/daZ-JsCs #IntellectualProperty #PatentLaw #Innovation #PriorArtSearch #PatentStrategy #Inventors

Have you ever noticed the significant efforts made by the European Patent Office (EPO) to process the backlog? These efforts are clearly visible in the comparison of charts representing the annual numbers of European patent applications and grants. The data originates from the EPO itself: https://lnkd.in/dJnAaGzb. The number of #patent applications submitted annually has been increasing in a linear manner, as depicted by the blue curve with circles. In contrast, the grants are represented by the black curve with diamonds. A straightforward analysis by an engineer or a physicist, modeling the world in a "spherical chicken in a vacuum" manner, would predict a consistently linear grant rate, resulting in the black curve being as linear as the blue curve. However, at a certain point, the #EPO processed European patent applications at a rate lower than the rate of new filings, leading to a backlog. The area between the black curve and the dashed line, parallel to the blue curve, illustrates the EPO's concerted efforts to reduce this backlog and manage the "excessive" #patents granted from these accumulated applications. As a firm well-versed in European patent law, we find it noteworthy that such detailed analysis and consistent data presentation by the EPO highlights the organization's commitment to efficiency. This consistency not only aids in understanding the dynamics of patent processing but also brings a sense of reliability and satisfaction to the stakeholders involved. It is a small detail, but the consistency of these curves with declarations of the #EPO brings some satisfaction.

🔔 What's been happening in the UPC? 🔍 Two Hamburg premieres in the last couple of weeks were its first full oral hearing (Avago v Tesla infringement action) and the first biosimilar cases for the UPC (Alexion v Amgen & Samsung Bioepis). 👉 The Avago v Tesla case commenced in June 2023. Avago sued Tesla for infringement of its patent EP 1 612 910 relating to an on-board power supply monitor and power control system. Tesla filed a counterclaim for revocation. The interim conference was held on 6 May 2024. The oral hearing took place last week in person, with some connecting online. At the start, the judges (Sabine Klepsch, Dr Stefan Schilling (JR), Walter Schober and Hergen Kapels) made it clear that difficulties experienced with the CMS would be dealt with generously in this initial phase of the UPC and indicated that the hearing would be audio-recorded. The discussions revolved around the plaintiff's entitlement to bring an action, the interpretation of the patent plus both infringement and validity. As part of the patent interpretation, the court followed a functional/purposive interpretation. The Court indicated that a written decision will likely be issued at the start of August. The parties’ representative will be informed in advance of the upload to CMS but it’s not clear when the decision will become available on the public UPC site. 👉 This week the Alexion v Amgen & Samung Bioepis PI hearings concerning eculizumab took place jointly in a crowded courtroom! Alexion had filed for a preliminary injunction on 19 March 2024 before EP 3 167 888 was granted on 1 May 2024 with unitary effect. However, this did not appear to be a problem for the panel (this time Sabine Klepsch (JR), Dr Stefan Schilling, Alima Zana and Rudi Goedeweeck), at least this issue was not discussed. The most detailed discussion was whether the UPC could interpret the patent independently of previous decisions of the EPO. The defendants argued that the UPC should take the EPO's view into account, but the panel considered it can interpret the patent independently and uninfluenced. Of note is that the parent patent was refused and revocation of an earlier divisional was upheld by the EPO BoA in September 2023 (reasons followed in February 2024). The day after the hearing, the panel dismissed the application for provisional measures. It handed down the decision without grounds and will provide the reasons in writing as soon as possible. This will be an interesting read, as some of the panel’s statements during the hearing suggested that an injunction could be issued. A second UPC biosimilar dispute is also pending before the Düsseldorf local division. Here, Novartis and Genentech filed for provisional measures against Celltrion in April based on EP 3 805 248 (in connection with omalizumab). Thank you to Nicolai Hartmann for sitting in and reporting! Dr. Annika L. Lückemann, and Eleanor Root for their input. #UPC #UnfiedPatentCourt #UPCnews #UP

While trained minds of patent attorneys and patent drafting professionals may differ in their opinions, but following study clearly demonstrates need to minutely consider every word, letter, and punctuation mark in a patent claim set. A Boeing Patent has been invalidated due to a misplaced comma (,). There are many takeaways from this article for all patent drafting professionals, patent agents, and attorneys. https://lnkd.in/gDVfwgrj

🔍 Unitary Patents Vs Opting out of the UPC’s jurisdiction As inventors, we’re all focused on innovation, but it’s crucial to stay on top of the legal landscape that protects our creations. The Unified Patent Court (UPC) and the Unitary Patent (launched on 1 June 2023) are shaking things up in Europe, and understanding them can make or break your intellectual property strategy. The Unitary Patent offers broad protection across multiple EU countries with a single application—a huge time-saver. But remember, if it gets invalidated, it’s invalidated in every country at once. And if you’re considering opting out of the UPC’s jurisdiction, be cautious. The recent case of Toyota Motor Europe vs Neo Wireless GmbH (case UPC_CoA_79/2024) shows how important it is to get the details right. Every single owner of a patent, across all designated states, must be correctly listed in your opt-out request. Miss a detail, and your patent could be open to challenges. Thanks to J A Kemp for sharing this interesting case. This might sound like legal jargon, but these details are critical to safeguarding the innovations we work so hard to create. Don’t let a legal technicality undermine your hard-earned inventions. #Inventors #Patents #UPC #UnitaryPatent #Innovation #IntellectualProperty