The IPKat

JANUARY 16, 2022

Take shelter in this post and check what was published last week around the IP blogs. Since the pandemic started, 5,070 global patent applications have been published. The Patent Lawyer Magazine blog commented on this milestone as it points out a surge in innovation.

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Blogging IP Publishing Intellectual Property 82

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? You found the right post.

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The IPKat

AUGUST 29, 2021

This Kat is just hanging out While the summer winds down, why not while away the hours with news and views from around the IP blogs? Copyright The Kluwer Copyright Blog gave an update on EU copyright law developments for the second trimester of 2021, including insights into the cases and referrals coming up soon.

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Blogging IP Intellectual Property Editing 67

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights.

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Trademark IP Patent Patent Application 52

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Patents IPFinance published an article on the USPTO's new patent search tool, which features a series of improvements on the previous version.

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Blogging IP Designs Design 78

LexBlog IP

JANUARY 3, 2024

So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right. The court unanimously found that AI cannot.

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Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Why Should an Inventor File a Provisional Patent Application?

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Patent Trademark Blog

JULY 14, 2022

Leap of Faith: File a PCT patent application while your US application might get rejected? Timing your patent filings can be tricky. P:atent applicants typically find themselves in a moment of indecision when the foreign filing deadline approaches. Alternatively, you can forget all about foreign patents.

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Patent Trademark Blog

FEBRUARY 26, 2024

How to Register IP for your Clothing Your new clothing brand may have a variety of IP to protect. Let’s look at how you should protect and trademark your clothing lines. How to Trademark Your Clothing Brand Trademarks can be especially tricky to register when it comes to clothing. Be careful here.

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Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. This will be tricky.

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Design Patent Patent Application Designs Design 52

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? What do you look for in utility patent claims?

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Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. Patent Office Action deadlines are extendable. And, until recently, trademark Office Action deadlines were not extendable. Things change.

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The IPKat

JULY 4, 2021

Join me for a walk around the blogs. Patents The German Bundestag has adopted amendments to the German Patent Act. Kluwer Patent Blog reported on the changes. The UK IPO refused the application because Tefal had not shown that it was inherently distinctive, nor had it acquired distinctiveness through use.

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Blogging IP Designs Design 85

Patent Trademark Blog

MARCH 24, 2022

The word “protect” is curious in the context of IP. If you think of IP as an asset, then it makes sense. Along those lines, the concept of protecting your IP would have a similar meaning of stopping others from taking or using your intangible assets. How to protect your products with trademarks.

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Intellectual Property IP Patent Application Invention 98

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Patent Trademark Blog

MAY 18, 2022

Can you file a late foreign patent application based on Paris Convention? We’ve talked about filing late PCT and national stage applications. But, what if you are thinking about filing a direct foreign patent application claiming priority to a US priority application? Let’s look another scenario.

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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g.,

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Patent Application Patent Government IP 52

IPilogue

SEPTEMBER 2, 2022

Giuseppina D’Agostino is the Founder & Director of IP Osgoode and the IP Innovation Clinic, an Associate Professor at Osgoode Hall Law School, and the Editor-in-Chief of the IPilogue and the Intellectual Property Journal. Our IPilogue is one of Canada’s leading IP Blogs with an enthusiastic international following.

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Patent Trademark Blog

JUNE 15, 2022

Does our firm recommend PCT patent applications? If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. For example, assume you filed a direct utility patent application in China by the 12-month deadline. PCT National Phase Timeline.

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Patent Application Patent Business Blogging 52

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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Patent Application Patent Invention Designs 52

Patent Trademark Blog

DECEMBER 13, 2022

Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Prosecuting a patent application includes the following: drafting patent application.

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Patent Trademark Blog

AUGUST 24, 2023

If you find that your US patent practitioner is lacking in the areas discussed below, then it might make sense to consider a change. Looking for a new US patent attorney to take over your pending patent application? How prompt is your US patent agent or attorney? Did your US patent practitioner drop a deadline?

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Law IP Patent Application Patent 52

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

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Patent Application Designs Design Invention 64

Patent Trademark Blog

FEBRUARY 22, 2022

What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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Patent Application Invention Designs Design 69

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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IP Watchdog

MAY 14, 2024

Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).

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Patent Trademark Blog

JANUARY 18, 2023

If you are thinking of patenting software, it is critical to have your utility nonprovisional patent application drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patent application.

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Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. Need to file a utility nonprovisional patent application?

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Patent Application Patent Art Blogging 98

Patent Trademark Blog

MAY 16, 2024

With a life cycle of three to ten years, consider filing a utility patent application with a Track One request to speed up the USPTO’s examination of your utility application. In addition, you might consider filing a design patent application which may get allowed sooner than your utility patent.

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Patent Trademark Blog

SEPTEMBER 27, 2021

Can you change a patent application after it has been filed? Do ideas simply stop churning in your head after a patent application has been filed? Anyone creative enough to file a patent application would likely continue to think and improve upon their innovation. You can certainly amend the claims.

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Patent Trademark Blog

JUNE 28, 2021

Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. Whatever it may be called, one thing is clear – a direct priority application is not a national stage entry based on a PCT application.

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Patent Application Patent Invention Design Patent 56

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

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