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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. 23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. Dawgs’ (“Dawgs”) counterclaim for false advertising under the Lanham Act.

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Competition Law: The Patent Pendulum

Intepat

When an inventor is granted exclusive rights over their inventions for a specific period of time, it provides a return on their investment in terms of time, resources and capital. The idea that a specific invention will allow the inventor to reap benefits has a direct effect on incentivising inventors to create and invent more.

Law 52
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IP as a political instrument in Russia

The IPKat

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 132
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Understanding The Patent Specification Of An Invention

Intepat

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

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Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place

SpicyIP

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. Ram Manohar Lohiya National Law University, Lucknow. Varsha is a 5th year law student pursuing B.

Patent 105
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Artificial intelligence and intellectual property rights: the USPTO DABUS decision

Barry Sookman

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patent law, 35 USC §§ 1 et seq.