Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

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Patent Invention Patent Application Designs 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Selvam & Selvam Blog

JUNE 7, 2024

In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. He filed a patent application on August 5, 2021. Consequently, the patent application was deemed abandoned under Section 21(1) of the Patents Act, 1970.

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Reporting Patent Application Patent Intellectual Property 52

SpicyIP

FEBRUARY 12, 2024

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. The Controller of Patents , we are pleased to bring to you this post by Vishno Sudheendra.

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Business Patent Patent Application Blogging 110

SpicyIP

AUGUST 10, 2023

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. The petitioner approached the High Court against the decision of the Controller of Patents. But he did not.

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Patent Government Designs Design 98

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patent Patent Application Government Reporting 52

JD Supra Law

MARCH 13, 2023

2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count). See e.g., Silent Drive, Inc. Strong Industries, Inc., 3d 1194, 1202 (Fed. By: BakerHostetler

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Cease and Desist Patent 52

Intepat

JULY 16, 2021

On February 9, 2021, the Ministry of Commerce and Industry (MCI) released a Notification regarding the Drafts Patent (Amendment) Rule 2021. The abovementioned regulations will take effect on the date of publication and seek to update the Patent Rules 2003.

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Patent Government Patent Prosecution Marketing 98

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug. Anyhow, we’ll come back to this in a bit.

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Patent Reporting Government Ownership 69

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. An agent was engaged thereafter to file a request for restoring the patent application.

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Government Trademark Patent Patent Application 105

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

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Design Patent Patent Infringement Designs Design 72

IP and Legal Filings

DECEMBER 22, 2021

Different countries have their own set of requirements for translations, and therefore if the translation is not done professionally, it could lead to misinterpretation of the scope of the claims, which may end up ruining the purpose of filing patents. With the Patent Translation, it’s more than just a Google Translation. Good or Bad?

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Patent Contracts Patent Application Invention 78

Kashishipr

DECEMBER 28, 2021

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. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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IP Patent Invention Licensing 105

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

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Patent Licensing Invention Government 126

LexBlog IP

SEPTEMBER 20, 2023

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. USD 1000) for each such application.

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Publishing Patent Invention Patent Application 52

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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Reporting Patent Law Patent Application Patent 136

Patently-O

FEBRUARY 10, 2022

Design Patent No. The appeal focuses on whether the design patent should be found invalid based upon Junker’s pre-filing sales. January 1999 : Eddings made a prototype of the product and provided it to Junker, the prototype included all the features found in the design patent. by Dennis Crouch. Larry Junker v. million.

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Business Patent Invention Design Patent 78

Intellectual Property Law Blog

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 127 patent, Abstract. 127 patent, col. 127 patent, col.

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Art Invention Patent 130

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The problem arises when the push and pull of competition law and patent law cause friction.

Law 52

Law Patent Settlement Inventor 52

IIPRD

MAY 9, 2024

However, the population and their necessities as well as demands have increased manifold which has culminated into a need to regularize invention by bilateral or multilateral collaborations in order to drive innovation and help the masses in increasing their access to latest technological developments along with preventing monopolization of patents.

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Intellectual Property Law Intellectual Property Licensing Law 59

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

However, not all inventions are patentable subject matter. Section 3 of the Patents Act, 1970 give those subject matter which are not patentable. Thus, the inventor must be aware of these subject matters that are not patentable while conceiving the invention. Patent Search & Drafting.

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Registration Patent Invention Inventor 52

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.

Law 78

Law Inventor Intellectual Property Patent 78

IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. They accused the defendants (T.V.S. Motor Company Ltd.)

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Invention Patent Patent Infringement Technology 66

LexBlog IP

DECEMBER 21, 2022

You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court. Bassfield IP LLC and the ‘053 patent. 6,641,053 (‘053 patent), entitled “Foreground/background document processing with dataglyphs.”

Patent 52

Patent Advertising Advertising Intellectual Property Law 52

Intellectual Property Law Blog

DECEMBER 21, 2023

21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. 9,693,961 (“the ‘961 patent”). In March 2018, Collegium petitioned the PTAB for PGR of claims 1-17 of the ‘961 patent.

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Litigation Patent Art Designs 147

LexBlog IP

MARCH 13, 2023

2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count). See e.g. , Silent Drive, Inc. Strong Industries, Inc., 3d 1194, 1202 (Fed.

Cease and Desist 52

Cease and Desist Licensing Patent Litigation 52

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

Art 111

Art Invention Patent Application Publishing 111

SpicyIP

DECEMBER 26, 2023

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects.

Technology 59

Technology Licensing Designs Design 59

SpicyIP

MAY 14, 2024

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. What are Working Examples? Paragraph 05.03.09

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Invention Patent Application Patent Designs 59

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

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Patent Art Patent Prosecution Litigation 105

The IPKat

SEPTEMBER 14, 2021

Key changes to the Designs Act 2003 (Cth) include a 12-month grace period to apply for a design, a prior user exemption, providing exclusive licensees with legal standing, and clarification of the ‘informed user’ standard. This measure is modelled on analogous provisions in the Patents Act 1990 (Cth).

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Designs Design Intellectual Property Social Media 128

More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. In short, a substance’s Schedule I classification is irrelevant to its patentability.

Patent 52

Patent Invention Patent Infringement Blogging 52

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

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Patent Troll Marketing Marketing Patent 86

IIPRD

JANUARY 18, 2024

For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. In other words, it provides a chance of monopoly to the Patentee as far as the use of their patented product is concerned. In contrast, the CCI has the authority to decide upon all the happenings in the market.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Licensing 52

Olartemoure Blog

JULY 28, 2022

07/28/22 – Patents. The Andean Community has come up with a new Patent Examination Manual for IP offices throughout the community, updating the current Patent Manual published back in 2003.

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Intellectual Property Privacy Advertising Advertising 105

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. Similar issues also came up in the patent information disclosure statement cases a decade ago.

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Plagiarism Fair Use Copying Copyright Infringement 124

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.

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Litigation Patent Patent Application Technology 52