Vidal’s Solution to OpenSky Abuse Encourages PTAB Extortion
IP Watchdog
OCTOBER 5, 2022
There is a reason many stakeholders believe the Patent Trial and Appeal Board (PTAB) has been weaponized against patent owners.
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US Supreme Court to Deal with the Patent Enablement Standard
IPilogue
FEBRUARY 13, 2023
For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.
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It is Time to Tell Your Eligibility Stories
Patently-O
JULY 8, 2021
At the behest of several leading Senators, the USPTO has begun a study on the “Current State of Patent Eligibility Jurisprudence.” The agency would like input from various stakeholders, including inventors, owners, investors, licensees, users, and patent attorneys. Read more here: [link].
Trademark Fee Proposal Comments by EMP&A Focus on Impact on Small Businesses and USPTO IT Expenditures
Erik K Pelton
JUNE 10, 2023
For more details regarding about the proposal and all the fee changes, see: [link] You can submit comments of your own by June 12, 2023 here: [link] Comments of Erik M. Over 99% of employers are small businesses, and in recent decades small businesses have created more than 60% of new jobs.
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Friday Fantasies
The IPKat
FEBRUARY 9, 2024
All forms of IP, ranging from copyright, to trademarks, patents, and geographical indications are accepted. Participants may indicate interest in attending and also submit any questions to Mr. Claudio Bergonzi before the seminar via email no later than February 12th. All details are in the job advert here. More details here.
Guest Post: Why Do Women Face Challenges in the Patent Process?
Patently-O
AUGUST 24, 2023
About 86% of all patent applications are submitted by men or all-male teams. This underrepresentation of women gets worse as the patent approval process runs its course. This underrepresentation of women gets worse as the patent approval process runs its course. Why is this happening? limited professional networks).
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PTO Revisits What is Patentable
The IP Law Blog
JULY 28, 2022
Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. On Monday this week, the Director of the U.S.
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SpicyIP Weekly Review (March 18- March 24)
SpicyIP
MARCH 25, 2024
Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?
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SpicyIP Weekly Review (January 22- January 28)
SpicyIP
JANUARY 29, 2024
In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! Pranav is a second-year student pursuing B.A.LL.B.(Hons)
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Sunday Surprises
The IPKat
JANUARY 15, 2023
Post-doctoral job opportunity A 2-year position is currently being offered at the LUISS University Department of Law in Rome to work under the supervision of Prof Christophe Geiger on a project entitled "Copyright, Digital Constitutionalism and Sustainability: What Regulatory Framework for Ethical Innovation in the EU?”. More details here.
Due Process Argument Against PTAB Funding Structure Fails
LexBlog IP
OCTOBER 13, 2021
Unified Patents, LLC ( here ), the Court reviewed whether PTAB judges have an interest in instituting AIA proceedings to generate fees to fund the agency and ensure future job stability, or to earn better individual performance reviews and bonuses. Federal Circuit Gives Short Shrift to Bias Arguments. Internal cites/quotes omitted).
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Work With Us: Trademark and Copyright Associate | Mid-Level
LexBlog IP
OCTOBER 20, 2021
We launched in 2008, and now house over 30 trademark, copyright, and patent attorneys under our roof. Description of Qualifications, Job Duties and Responsibilities : You are an outstanding up-and-coming trademark and copyright attorney with 3+ years of experience. Status : Full-Time; Exempt. ” We tend to agree. How to Apply.
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PTO Revisits What is Patentable
LexBlog IP
JULY 28, 2022
Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. On Monday this week, the Director of the U.S.
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AI Systems May Invent, But Are They Inventors?
The IP Law Blog
AUGUST 11, 2022
Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?
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Law School Canons: It’s a Pain to Opine
Patently-O
SEPTEMBER 7, 2021
Editor’s Note: Avery Welker is a 2L at Mizzou and likely a future patent attorney. This appeal arose from a summary judgment grant to Pandrol [4] (Plaintiffs-Appellees) over Airboss [5] (Defendants-Appellants), declaring that Airboss failed to show clear and convincing evidence of patent invalidity. [6]. The patent at issue, U.S.
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ChatUSG: What Companies Doing Business with the Government Need to Know About Artificial Intelligence
Intellectual Property Law Blog
MAY 2, 2023
Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.
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First the leak and now the question: Will the European Commission go forward with its IP Action plan?
The IPKat
APRIL 24, 2023
The European Commission’s IP Action plan proposes major changes relating how standard essential patents are to be treated, as follows: 1. A register of standard essential patents is proposed; 2. An essentiality check for registered standard essential patents is to be established; 3. This means that it is under EU authority.
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Supporting MSME
Biswajit Sarkar Copyright Blog
DECEMBER 19, 2023
Renowned as a prolific job creator, this sector plays a pivotal role in fostering widespread employment opportunities, particularly in rural and underdeveloped regions. Importance of MSME MSMEs are instrumental in India’s economic landscape, generating a massive 120 million jobs across diverse industries. 100 crores for turnover.
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Patent Eligibility Jurisprudence
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. Submit a comment: [link]. The deadline for submissions is October 15, 2021. Due date for Submission: October 15, 2021. Brief for United States, HP Inc.
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Intellectual Property 101: Filing for a Patent in Canada and Beyond
IPilogue
OCTOBER 25, 2021
Part 3: Filling for a Patent or Trademark, What Can I Expect? Part 4: Filing for a Patent in Canada and Beyond. Patent protection is jurisdictional, which means that your invention is only protected in the country (or countries) where the patent was issued. The US Provisional Patent.
Trademarking Gestures: Usain Bolt’s Trademark of Iconic Pose
IPilogue
NOVEMBER 22, 2022
Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.
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Federal Circuit Clarifies Venue in Hatch-Waxman Actions in Celgene v. Mylan
Fish & Richardson Trademark & Copyright Thoughts
NOVEMBER 9, 2021
recently clarified venue law for such actions, and in doing so, also addressed venue principles generally applicable in typical patent cases. —F.4th—, Bare allegations of cooperation and control are insufficient to state a claim against a would-be Hatch-Waxman defendant who did not sign or submit the ANDA. 35 U.S.C. § Mylan Pharms.
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AI Systems May Invent, But Are They Inventors?
LexBlog IP
AUGUST 11, 2022
Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?
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How I Protected My Intellectual Property on a Lean Budget
LexBlog IP
MAY 12, 2023
It includes patents, trademarks, copyrights, and trade secrets. Obtaining patents or trademarks for their inventions or brand names can prevent others from copying or imitating their innovations, protecting those ideas and giving them a competitive edge. Let’s delve into the specific reasons why.
dueling SJ motions lose in energy drink case; jury will decide whether "Super Creatine" is "creatine"
43(B)log
JUNE 15, 2022
VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” VPX allegedly highlights Super Creatine as BANG’s “most important distinguishing feature for purposes of sales.”
SpicyIP Weekly Review (November 29- December 5)
SpicyIP
DECEMBER 5, 2022
Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts. We discussed the recent orders from Delhi and Madras High Court regarding restoration of ‘deemed abandoned’ patent applications. Call for Submissions- The IP Press Law Review: Volume I Issue 2 [Submit by Jan 2]. Image from here. Other Posts.
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ChatUSG: What Companies Doing Business with the Government Need to Know About Artificial Intelligence
LexBlog IP
MAY 2, 2023
Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.
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Utilizing RightFind Across the R&D Pipeline
Velocity of Content
JANUARY 26, 2022
For example, regulatory affairs groups often work closely with other departments within RightFind to centralize and organize published literature, cite them, and prepare documentation for the regulatory team to review and submit patent submissions and filings to the appropriate agencies. Discovery & Idea Generation. Regulatory.
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New PTAB Bill to Drive 101 Compromise?
LexBlog IP
JUNE 22, 2023
Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. Thom Tillis(R-N.C.),
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SpicyIP Weekly Review (December 6- December 12)
SpicyIP
DECEMBER 12, 2022
Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. Additionally, we’ve run this format for weekly reviews for a few weeks now. Do you like it?
Details on USPTO’s trademark fee increase proposal – public comments due by August 3rd
Erik K Pelton
JULY 28, 2020
Over 99% of employers are small businesses, and in recent decades small businesses have created more than 60% of new jobs. According to a 2013 report from WIPO, small and medium-sized enterprises rely on trademarks much more than patents. The proposed adjustments include many fee increases, as well as some new fees.
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SpicyIP Weekly Review (December 18- December 24)
SpicyIP
DECEMBER 24, 2023
From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.
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SpicyIP Weekly Review (January 29- February 04)
SpicyIP
FEBRUARY 5, 2024
Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. Read the submitted comments on the Proposed Rules to know more. media coverage! The Sweet Sound of Victory?
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Arthrex on Remand: Commissioner of Patents Drew Hirshfeld and the Problem of Shadow Acting Officials
Patently-O
MARCH 24, 2022
Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. The Court figured this ruling would leave the Presidentially-appointed, Senate-confirmed US Patent and Trademark Office (“USPTO”) Director with full review authority in those cases. — Dennis Crouch.
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Recent Developments in Trade Secrets Damages
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 19, 2021
Trade secrets can mean big business for companies that hold them, and damages awards for trade secret misappropriation can reach into the hundreds of millions of dollars. For example, a jury in a recent New York trade secret misappropriation case awarded the plaintiffs an $855 million verdict. [i] Below is a summary of those developments.
White House Unveils Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence
LexBlog IP
NOVEMBER 15, 2023
Issued nearly one year after publication of the Biden Administration’s AI Bill of Rights, the Order tasks a number of federal departments and agencies with the responsibility of generating, implementing and/or overseeing standards and guidance with respect to AI-related risks.
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Previewing the “Lessons from the First Internet Ages” Symposium
Technology & Marketing Law Blog
NOVEMBER 1, 2021
As I mentioned , I’m part of a team organizing a special virtual event called the “Lessons from the First Internet Ages Symposium.” ” The event starts tomorrow 10am Pacific, and it’s not too late to sign up ! The event will explore themes that emerged from a package of essays from an all-star group of Internet legends.
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The Biden Executive Order Curtailing Non-Competes: Why It May Be Bad for Small Companies
LexBlog IP
JULY 13, 2021
As he promised during the 2020 presidential campaign, President Joe Biden issued an Executive Order on Friday that directs the Federal Trade Commission (FTC) to curtail the use of unfair non-competes or other agreements that may limit employee mobility. A number of bills have been brought to the floor of the U.S.
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