LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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The IPKat

SEPTEMBER 28, 2021

On 22 September 2021, China released a 15-year plan to develop intellectual property rights (IPR): ‘The Outline of Building a Powerful Intellectual Property Nation’ (2021–2035). The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. ‘The

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The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

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Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. September 2, 2021). patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution. Hirshfeld et al.

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JD Supra Law

AUGUST 26, 2021

On August 3, 2021, the China National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (“Draft Guidelines”) for comments. This article summarizes selected provisions in the Draft Guidelines that are relevant to. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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The IPKat

SEPTEMBER 15, 2022

These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code. Article 1360 enumerates situations in which the Russian government can allow use of an invention, utility model, or industrial design without the patent owner’s authorization.

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The IPKat

NOVEMBER 29, 2021

Professor Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh Law School I first heard of Margaret Llewelyn when her book on plant varieties plus some articles appeared. Margaret was born in Romsey, Hampshire on the 7th October 1962, to Mair and Tom Llewelyn both with strong roots in and links to Wales.

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The IPKat

MARCH 6, 2023

G1/21: In-person proceedings are the gold standard In 2021, the EPO introduced a new Rule of Procedure of the Boards of Appeal (RPBA), Article 15a, permitting a Board of Appeal to hold oral proceedings by ViCo whenever "the Board considers it appropriate to do so". Patchy reasoning? EBA thus concluded that " All in all [.]

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Patently-O

SEPTEMBER 16, 2023

2021-2299, — F.4th The Federal Circuit held that “comparison prior art” used for infringement analysis must be tied to the same article of manufacture as that claimed. Design Patent No. Here, Columbia’s ‘D’093 patent claim was limited to ornamental designs for “heat reflective material.”

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The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. 01125315.0 ).

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IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

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IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. Provisions of intellectual property law will be applicable to NFTs. Patent: Blockchain-related inventions can be protected as patents. Article 1(1) of Indonesia’s Trademark Law defines trademark. . • Minister of Communication and Informatics Regulation No.

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IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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The IPKat

MARCH 2, 2022

He is the author of over 60 publications on intellectual property law and is co-editor of the Research Handbook on Intellectual Property and the Life Sciences. and international patent law to postgraduate law students and he is an expert on the patent provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.

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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. 521 (2021). 32, 42 (2015).

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The IPKat

APRIL 5, 2022

JI 2020) was a minor one with only one change to the JI 2007, i.e., replacing one of the legislation’s grounds from the General Principles of the Civil Law to the Civil Code of China (See the IPKat post on the Civil Code of China here ).

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SpicyIP

AUGUST 12, 2021

This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. The 2021 annual TB report by the Indian government states that there has been a consistent rise in new cases of TB from 2017 to 2020. Same is the case for delamanid.

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Patently-O

AUGUST 4, 2021

In July 2021, South Africa’s patent office, the Companies and Intellectual Property Commission (CIPC), granted the South African DABUS patent application, which was published in the South African Patent Journal. Does substantive South African patent law preclude AI inventorship? Dr. Christian E.

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The IPKat

JANUARY 2, 2024

As later admitted by the Board of Appeal in T 439/22 , the divergence in the case law on claim interpretation is instead on the broader question of whether the description should be consulted in EPO proceedings pursuant to Article 69 EPC and/or Article 84 EPC (para. see also IPKat ). Watch this space!

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

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The IPKat

SEPTEMBER 16, 2021

That book documented the efforts and plodding steps taken by China, a country that used to lacking experience in modern IP laws, during the 25 years since it entered the international community (China joined the WIPO in 1980; see also WIPO article China’s IP journey ). This Kat has a relevant JIPLP article here ).

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SpicyIP

AUGUST 15, 2021

They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs. 6 August, 2021]. 9 August, 2021]. 9 August, 2021]. 10 August, 2021]. 9 August, 2021].

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LexBlog IP

APRIL 6, 2022

In today’s posting, I provide updates to this article. These come from the respective decisions of the patent offices, or related appellant courts, of New Zealand, EPO, and the UK. ” EPO Update: In late December 2021, the EPO affirmed that an EPO patent application cannot name an AI inventor as the sole inventor.

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Patently-O

NOVEMBER 7, 2021

1, 2021 (Source: Reuters). Ali Jones: Sony’s New Patent Could Bring Real-Time Image Upscaling to PS5 and PSVR PS5 (Source: Games Radar). Commentary and Journal Articles: Prof. Peter Lee: Patent Law’s Externality Asymmetry (Source: SSRN). New Job Postings on Patently-O: Daikin NA. Source: WIPO.

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IP Watchdog

SEPTEMBER 16, 2021

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. patent laws.

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Patently-O

OCTOBER 11, 2021

In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. In addition to this statutory injury requirement the Supreme Court has also interpreted Article III of the U.S. by Dennis Crouch.

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LexBlog IP

SEPTEMBER 30, 2021

Arnold LJ is the preeminent patent law specialist on the Court of Appeal. He was elevated to the Court of Appeal in 2019, after being appointed to the High Court in 2008, and as Judge in Charge of the Patents Court in April 2013. But for now, at least, the balance of the law remains against DABUS in the UK.

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The IPKat

JUNE 2, 2024

Legal Background In Europe methods of treatment are excluded from patentability ( Article 53(c) EPC ). However, it is possible to patent a known substance or composition for use in a method of treatment ( Article 54(5) EP ). Further reading When does pre-clinical data plausibly support a therapeutic effect? (T

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Patently-O

SEPTEMBER 1, 2021

Lubby sued Henry Chung for patent infringement and won at trial with a jury verdict of almost $1 million. Back damages are further limited in by the patent marking statute of Section 287. That provision calls for a patentee to to mark any “patented article” that it sells or licenses-for-sale with the patent number.

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The IP Law Blog

JULY 28, 2022

A patent protects an invention. To be patentable, an invention must fall within one of four categories of patentable (or patent-eligible) subject matter: articles of manufacture, machines, processes, and compositions of matter. The announcement was made on the blog homepage of PTO Director Kathi Vidal.

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Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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LexBlog IP

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. September 2, 2021). patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution.

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LexBlog IP

OCTOBER 4, 2021

In both the US and the UK, patent offices have refused to allow applications filed by Dr Stephen Thaler to proceed, on the basis that the named inventor – an ‘AI’ machine dubbed DABUS – is not a human being. The Commissioner of Patents has now appealed that ruling to a Full Bench of the Court ( case no.

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LexBlog IP

OCTOBER 12, 2021

The court explained that “[a] design claim is limited to the article of manufacture identified in the claim; it does not broadly cover a design in the abstract.” This ruling is significant in the realm of design patent law because it changes course from decades of prior practice at the PTO. 4, 2021). [6]

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IP Intelligence

OCTOBER 12, 2021

The court explained that “[a] design claim is limited to the article of manufacture identified in the claim; it does not broadly cover a design in the abstract.” [7] This ruling is significant in the realm of design patent law because it changes course from decades of prior practice at the PTO. 5] 2021 WL 4515275, at *2 (Fed.

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LexBlog IP

NOVEMBER 21, 2023

As outlined in our previous post , on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. The Quarles design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field.

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Patently-O

FEBRUARY 13, 2023

In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. 138 (Fall 2021). arising from his work on the endeavor. However, those inchoate rights are assignable in a way that decouples inventorship and ownership. ENTREPRENEURSHIP & TAX L.

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