Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

Art 123

Art Branding Brands Branding 123

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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Licensing Patent Application Patent Prosecution Invention 67

LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

Patently-O

APRIL 10, 2024

” In the context of patent applications, the notice provides specific examples of how the duty of disclosure may be implicated when using AI tools. The USPTO’s guidance document raises a different concern – that the agency will be bombarded with too many references for an examiner to individually review.

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Patent Art Patent Application Confidentiality 44

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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Patent Inventor Invention Intellectual Property 92

More Than Your Mark

JULY 2, 2021

The decision saw the Supreme Court apply a “non-contradiction” rule to assignor estoppel issues, which requires one to determine whether the inventor truly gave up the ability to challenge the validity of the patent in question in the assignment document. Contact Norris McLaughlin about Patent Protections.

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Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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Patent Invention Patent Application Intellectual Property 52

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).

Patent 52

Patent Invention Public Domain Patent Law 52

Patently-O

OCTOBER 16, 2023

The decision casts doubt on the viability of pending continuation applications over a long period, even absent any evident applicant delay — especially in situations where new claims are drafted in response to emerging technologies or market demands. The result was the potential of greatly increasing the effective patent term.

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Patent Patent Prosecution Invention Inventor 125

Patently-O

NOVEMBER 17, 2023

But, in patent law we also observe the legal fiction that filing a patent application describing the invention in sufficient detail to enable a person skilled in the art to make and use it will also qualify (constructive reduction to practice). We’ve got 14,000 word count limit that’s being blown through.

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Invention Inventor Art Patent Application 57

Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 127

The IP Law Blog

JUNE 22, 2023

These patents share the same specification that “discloses two preferred embodiments: a voice-based web browser system and a voice-activated device controller.” The challenged patents are continuations of and claim priority to a patent application filed on February 4, 2000, and published as U.S. Patent Appl.

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Art Patent Patent Application Invention 98

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application. What is an invention disclosure?

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Inventor Invention Patent Patent Application 52

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

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IP Intellectual Property Reporting Government 98

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.

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Inventor Patent Application Invention Intellectual Property 105

Patently-O

NOVEMBER 22, 2023

MPF claims are a particular type of claim in patent law that allows an inventor to claim an invention based on the function that it performs, rather than the specific structure or materials used. But, for now at least, the miracle resurgence of MPF remains elusive.

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Invention Patent Application Technology Patent 62

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Designs Design Patent 134

LexBlog IP

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

IP and Legal Filings

OCTOBER 26, 2021

Traditional medicinal knowledge can be defined as the knowledge, skills, and practices that are based on theories, documentations, and beliefs that are used for the prevention, diagnosis, or treatment of physical ailments by indigenous communities. Subsequently, CSIR requested the USPTO to re-examine the patent application.

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Intellectual Property Journalism IP Invention 74

Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #4: Even if I publicly disclose my invention, I can still get a patent application filed by the 12-month mark from the disclosure, without any repercussions.

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Patent Invention Patent Application Intellectual Property 52

LexBlog IP

SEPTEMBER 29, 2022

Understanding these three underlying principles will enable Applicants in China to better understand the best situations for filing both types of applications. Chinese Utility Model and Patent Prosecution. Unlike invention patent applications, there is no substantial examination of utility models.

Intellectual Property 52

Intellectual Property Invention Patent Application Art 52

IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

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Inventor Moral Rights Patent Invention 52

Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

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LexBlog IP

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

IP Intelligence

OCTOBER 5, 2021

On September 2, 2021, the United States District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (“AI”) machine can be an inventor under the Patent Act. The Patent Applications. It ruled that the “clear answer” is no. Procedural History. Global Fight.

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Inventor Patent Application Invention Intellectual Property 52

Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The embodiments in the application all use a “moisture permeable” applicator head.

Invention 60

Invention Inventor Patent Application Patent 60

LexBlog IP

OCTOBER 5, 2021

The Patent Applications. Dr. Thaler listed DABUS as the inventor on two patent applications, one for a light beacon and one for a beverage container, which he filed with the USPTO. After its initial review of the Applications, the USPTO issued plaintiff a “Notice to File Missing Parts” based on Dr. .”

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Inventor Patent Application Invention Intellectual Property 52

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

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Patent Patent Application Government Designs 52

The IP Law Blog

JULY 20, 2023

Omega had asked Buergofol to identify every item of prior art and to produce all documents and things that could qualify as prior art to either of the two patents in suit. Omega moved to compel Buergofol to respond to discovery related to prior art and for attorneys’ fees.

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Art Invention Patent Patent Application 98

SpicyIP

MARCH 6, 2023

The court held that the appellant has not produced any documents in support of its claim regarding the impugned mark being a family mark and relying on Wander v. Last date to apply for Trademark and Patent Agent extended till 15 th March, 2023. Centre planning to reform patent laws, seeks suggestions from industry and stake holders.

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Designs Design Music IP 116

IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Even a WIPO guide on recording traditional knowledge talks about empowering communities to write their own traditional knowledge, and provide limited access to the recorded documents in order to preserve secret traditional knowledge.

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Ownership Privacy Public Domain Copyright 79

The IPKat

JULY 5, 2021

The referral related to the legal justification for the prohibition of double patenting. This prohibition prevents the grant of more than one European patent application having the same filing date and applicant, and directed to the same subject matter.

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Patent Contracts Art Patent Application 70

The IPKat

OCTOBER 5, 2021

When applying for a patent in the UK, if the applicant is not the inventor it is required to file the statement of inventorship under s.13(2) 13(2) of the UK Patents Act 1977 to indicate how the applicant derived the right from the inventor to be granted a patent. Birss LJ dissented and would have allowed it.

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Inventor Invention Intellectual Property Patent 93

IP and Legal Filings

SEPTEMBER 13, 2022

Should you go for Patents or Copyrights? However, software enjoys dual protection under copyright and patent law, but which law prevails will depend on the strategic advantage sought by the applicant. It is rare to see a product which is not based on a computer program.”.

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Patent Invention Inventor Technology 52

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

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Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

Invention 59

Invention Confidentiality Privacy Public Use 59