Garrigues Blog

JANUARY 12, 2022

This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models. What is the right of prior use or “pre-use”? 644/2006, of 6 April 2006 ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

The TTABlog

NOVEMBER 28, 2022

2006), upheld the USPTO’s long-standing precedent and practice of treating varietal names as generic, affirming the Board’s ruling that the term “Rebel,” as a varietal name for a type of grass seed failed to function as a mark. The CAFC in In re Pennington Seed Co. , 3d 1053, 80 USPQ2d 1758, 1761-62 (Fed. more than five years old - ed. ]

Trademark 52

Trademark Registration Designs Design 52

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.” [8].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP Whiteboard

AUGUST 30, 2020

communicate the work to the public. Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. an exception permitting the use does not apply. Tim, 2006, by Wim Delvoye, at Mona).

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52