The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 98

The IPKat

SEPTEMBER 15, 2022

Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent.

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Licensing Art Marketing Marketing 76

Kashishipr

FEBRUARY 2, 2022

According to various studies and reports, 80% of the patents issued stay unutilized. Let us consider the example of patents in an IP portfolio to have a better understanding. Patents that become outdated with time and need not be maintained or renewed to save on the corresponding costs involved. Facing IP Lawsuits.

Branding 98

Branding Brands Branding Business 98

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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Licensing Derivative Work Intellectual Property Moral Rights 52

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. And with patents, the only protection arises when the USPTO issues a patent on an invention.

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Confidentiality Invention Business Artistic Work 113

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.”

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Law Patent Invention Intellectual Property 109

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

Patent Law 70

Patent Law Law Patent Invention 70

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. Market research may also help down the road in preventing Patent Infringement actions.

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Marketing Marketing Inventor Invention 119

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 52

Design Patent Designs Design Patent 52

SpicyIP

OCTOBER 31, 2023

Image from here Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“ CL ”) for breast cancer medications, Ribociclib and Abemaciclib. Presently it is protected via a Patent ( No. The term of the patent is set to expire in 2027. 283133, Application No.

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Licensing Government Reporting Patent 72

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. A fee-shifting statute for patent cases under Title 35 of the U.S.

Patent 52

Patent Litigation Patent Infringement Inventor 52

LexBlog IP

OCTOBER 3, 2022

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. First, contractors have a duty of disclosure to their funding agency that is separate from the duty of disclosure for patent applications. Standard patent rights clauses. (c)

Contracts 52

Contracts Invention Licensing Government 52

43(B)log

SEPTEMBER 14, 2021

They’re fighting over cross-allegations of patent infringement, violation of state deceptive trade practices acts, and violations of the Lanham Act. I’m only addressing ICON’s counterclaims for false advertising, not the patent part of the ruling. Innovator” and “hardcore technology company” were non-actionable puffery.

Music 59

Music False Advertising Advertising Advertising 59

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

Is the protection of patent available for website? In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too. Requirements for patentability. the requirements for patentability are- Novelty, inventive step, industrial application.

Patent 52

Patent Invention Artwork Confidentiality 52

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. In contrast to patents, copyright safeguards expressions rather than ideas. All forms of dissemination (selling ,performing, broadcasting, etc.),

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Copyright Copyright Infringement Music Copying 77

Selvam & Selvam Blog

NOVEMBER 17, 2022

In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed.

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Patent Application Patent Invention Licensing 52

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. As the U.S. Copyright Office. then it is no longer a trade secret.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This strategy has roots in ancient times when Queens and Popes were sought after to endorse patent medicines, a tactic that has consistently proven effective. By doing so, renowned people can proactively protect their image and prevent unauthorized usage, ensuring the lawful association of their name with products in the marketplace.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Kashishipr

AUGUST 31, 2022

In simple terms, IP is a category of property that includes the intangible (i.e., Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. Copyright License. A copyright license may also specify whether the pictures are for commercial or editorial use.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

LexBlog IP

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” § 101. §101. .”

Law 52

Law Invention Patent Intellectual Property 52

Larson & Larson

NOVEMBER 25, 2021

The Constitution gives the United States Congress the authority to grant copyright and patent rights to artists, authors, and inventors. The interpretation of the Constitution ensures that trademarks and patents get monitored at the federal level. Code covers patent law. . Consider the timing when filing a patent.

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Intellectual Property Inventor Art Music 52

LexBlog IP

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C. §

Patent Infringement 52

Patent Infringement Patent Government Invention 52

LexBlog IP

DECEMBER 26, 2023

Diverse Grant Categories: Past grants have included categories like Tech, FemTech + HealthTech, Emerging Tech, and COVID-19 Tech, each offering Innovation and Impact Grants of varying amounts. First-Time Filer Expedited Examination for Patents The U.S. Non-Provisional Utility Patent Space. Learn more about the FTEEP.

Government 52

Government Business Contracts Inventor 52

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Nominal damages are often a species of general damages.

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IP Licensing Law Reporting 90

Patently-O

APRIL 11, 2022

In Niazi Licensing Corp. Patent law’s definiteness requirement is derived from the requirement that patent claims “particularly pointing out and distinctly claiming the subject matter” of the invention. The specification also categories resilience in terms of both torque control and stiffness.

Patent 84

Patent Reporting Licensing Designs 84

LexBlog IP

AUGUST 14, 2023

Trade Dress Marks: This includes things that don’t fall under the other categories, like scents, sounds, packaging design, store design, etc. Asset Value: Successful trademarks often become valuable assets, with potential for licensing, franchising, or even sale. appeared first on King Business and Patent Law.

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Trademark Branding Brands Branding 40

Velocity of Content

MAY 25, 2022

Competitive research : What else is happening in the category? After considering these sources, if a gap and exciting incremental opportunity are identified that solves a consumer problem, this commonly leads to: Scientific literature research : What does the current patent landscape tell you about what has already been done in this area?

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Due Diligence Journalism Publishing Copyright 97

LexBlog IP

NOVEMBER 2, 2022

Kollective Technology ) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. Zillow ruled on another appeal from a dismissal on eligibility grounds in a case also involving IT patents. One of the patents at issue here ( U.S.

Patent 59

Patent Technology Invention Art 59

IP Tech Blog

NOVEMBER 2, 2022

Kollective Technology ) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. Zillow ruled on another appeal from a dismissal on eligibility grounds in a case also involving IT patents. One of the patents at issue here ( U.S.

Patent 57

Patent Technology Invention Art 57

The IPKat

JANUARY 28, 2023

For example, the UK passed the Trading with the Enemy Act in 1914, which effectively suspended German-owned patent and trade marks. This concerned cases of confiscation and of compulsory licensing of German-owned IP rights. In such cases, German nationals were promised reasonable indemnities or royalties.

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Art IP Intellectual Property Artistic Work 130

Trademark and Copyright Law Blog

APRIL 24, 2020

Romag Fasteners makes and sells magnetic snap fasteners, which it licensed to Fossil for use on handbags and other products. Romag sued, and a jury found that Fossil had infringed Romag’s trademark and patent, and acted “in callous disregard” of its rights. The Federal Circuit affirmed, and Romag appealed to the Supreme Court.

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Trademark Copyright Law Licensing Litigation 52

IIPRD

OCTOBER 17, 2022

Patent and Trademark Office last year, which it has since checked by way of its Nikeland venture on Roblox and the acquisition of RTFKT. Patent Infringement. Metaverse is based on various patentable technical infrastructures, including AR, VR, cloud computing, etc. Conclusion and Suggestions.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Until 2018, cannabis in almost all of its forms was regulated as a Schedule I controlled substance – the same category used for heroin and LSD. improves mood” or “soothes aching muscles”) would push it out of the “cosmetics” category. Patent Prosecution. FDA Regulation. But making non-cosmetic claims for the product (e.g.,

IP 52

IP Registration Trademark Branding 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. Additionally, attorneys who violate a protective order jeopardize their license to practice law. Can confidential information learned during litigation be used to draft better patent claims?

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Litigation Confidentiality Patent Designs 52

IIPRD

APRIL 8, 2024

And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces? 6] If these claims will be justified then the penalties will be placed for said infringement. [7]

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Art Artwork Intellectual Property Copyright Law 52