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Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

The IPKat

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. The case goes as follows.

Designs 109
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How patent’s priority affects the protection of industrial designs

Garrigues Blog

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52
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Unfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years Prior

LexBlog IP

In 2002, Mark Chester, an engineer at Koso America, Inc. (“Koso”), participated in a project to create a new valve for a hydraulic actuator. Chester and MEA filed a related patent application, which was approved in part. ” REXA, Inc. Chester , — F.4th 4th —, 2022 WL 2981167, at *6 (7th Cir.

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SpicyIP Weekly Review (February 12- February 18)

SpicyIP

The High Court held that this was an abuse of court’s process and allowed the Plaintiff to present an appropriate application before the Commercial Court setting out the grievances against the Defendant. The Court, on the aforementioned grounds, ordered the controller to reconsider the Patent application expeditiously.

Invention 105
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Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

SpicyIP

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. 5 February 2018 The petitioner filed an International Application under the Patent Cooperation Treaty (PCT).

Patent 98
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Fish Principals Author Law360 Article “How to Succeed in Design Patent Cases at the PTAB”

Fish & Richardson Trademark & Copyright Thoughts

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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Australia’s Reversal of its DABUS decision on AI-Generated Inventions: How Does this Impact an Imminent Canadian Discussion on AI Inventorship?

IPilogue

In 2021 , the Canadian Intellectual Property Office (CIPO) issued a non-compliance notice for DABUS’ patent application in Canada. While DABUS’ patent application is still developing in Canada, the recent reversal of the Australian decision will likely impact the future of patent ownership rights of AI.

Invention 111