In this #13 issue,
we're going to deal with Derivation case followed by IPR, PGR and CBM last time and,
will analyze the US PTAB Appeal cases.
Trial reference - DER (Derivation)
Appeal references - reexam, reissue, regular patents
< search n analysis database : WIPS Global >
To remind;
DER (Derivation) Proceeding is ...
a trial proceeding conducted at the Board to determine whether (i) an inventor named in an earlier application derived that claimed invention from an inventor named in the petitioner's application, and (ii) the earlier application claiming such invention was filed without authorization...(USPTO)
Simply, A derivation proceeding is a trial proceeding conducted at the Patent Trial and Appeal Board ("PTAB") to ensure that the first person to file a patent application is actually the true inventor of the claimed subject matter.
⧭DER2014-00002
Catapult Innovations pty ltd v Adidas AG
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| wipsglobal.com > trial/appeal-DER search |
- Petitioner : Catapult Innovations Pty Ltd
- Patent Owner : Adidas AG
- Filing date : Nov. 4, 2013
- Institution decision date : Jul. 18, 2014
⏬ (below) Docket 'Derivation Petition' dated on Nov. 4, 2013.
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Petition to Institute derivation proceeding pursuant to 35 U.S.C. §135.
The stated exhibits are the grounds proving that this patent can't be granted based on the references mentioned in the docket.
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🔺PTAB citation reference of the DER case
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🔺PTAB non-patent references of the DER case
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US PTAB Appeal Analysis
From this part, we're going to review the US PTAB Appeal by analyzing reexam, reissue and non provisional patent (which means regular filed patent) cases.
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| wipsglobal.com > trial/appeal search - Appeal |
By US BPAI (before AIA)-Appeal search,
◀ As of Nov. 2019,
Statistics of appeals at the US PTAB
115,186 cases (97%) of Non Provisional patent application, 2,812 cases (2%) of Reexamination and 452 cases (1%) of Reissue patents.
As for the reexam cases 2,812, there're 1,808 patents are issued for 2,812 cases.
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| wipsglobal.com > trial/appeal search-Appeal-reexam |
Analyzing 1,808 reexam cases, 18 cases of Taiwan patents are found which is 7th ranked in the entire appeal cases.
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| wipsglobal.com > trial/appeal search-reexam > SmartAngle |
As for the reissue 452 cases, there're 218 patents are issued for 452 cases.
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| wipsglobal.com > trial/appeal search-Appeal-reissue |
Analyzing 452 reissue cases, a lot of countries are distributed without a big difference except for US and JP.
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| wipsglobal.com > trial/appeal search-reissue > SmartAngle |
And last non provisional patents, there're found 12,598 patents issued for 115,186 appeal cases. (Jan.1,2018 - present)
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| wipsglobal.com > trial/appeal search-regular |
Analyzing non provisional cases during the latest 2 years, US patents are most followed by Germany and Japan. Taiwan is also found in 14th ranked with 55 patents.
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| wipsglobal.com > trial/appeal search-regular > SmartAngle |
Re-analyzing the Taiwan 55 patents to see what applicants are.
Taiwan Semiconductor MFG (TSMC) has the most patents 22 cases, which is 48% of the total. And Delta Electronics and Mediatek are following after with a small number of cases.
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| wipsglobal.com > trial/appeal search-regular > SmartAngle |
Continued...>>
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