article thumbnail

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
article thumbnail

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
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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.

article thumbnail

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
article thumbnail

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
article thumbnail

Never too Late: If you missed the IPKat the past weeks!

The IPKat

At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to the right to an existing patent or patent application. An equivalent provision is also included in the Design Directive 98/71/EC.

Designs 67
article thumbnail

Can AI Technology Create a Patent in Canada? A Look at Global Precedence

IPilogue

However, this 2002 decision did not define whether AI technology can be an inventor. But such a non-human inventor can neither be an applicant for a patent nor a grantee of a patent.” United Kingdom: Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat).