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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. To be specific, any aspect of the invention not covered in the claims isn’t considered to be protected.

IP 105
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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators.

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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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New SPC referral to the CJEU on the interpretation of Art 3(a) and (c) for combination products (Merck v Clonmel)

The IPKat

Ezetimibe was originally marketed as a monotherapy, EZETROL, and an Irish SPC (SPC 2003/014) was granted for EZETROL following its approval. Furthermore, the primary inventive contribution of the patent was the disclosure of ezetimibe, and not its combined use with simvastatin. INEGY is approved as a cholesterol lowering agent.

Art 117