IP Intelligence

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year ( see [link] ), the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 4] Based on U.S.

Invention 52

Invention Inventor Patent Application Designs 52

The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

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Invention Art Patent Law 73

Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

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Inventor Designs Design Invention 130

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 52

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. The heist in granting patents should not undermine the objective for allowing private parties state protection over their inventions.

Patent 52

Patent Invention Patent Application Designs 52

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Federal Circuit’s 2023 Decision. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. 23-1052 (U.S. 3d 665 (Fed.

Design Patent 67

Design Patent Art Designs Design 67

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Invention Patent Law Patent Law 67

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications.

Patent Application 64

Patent Application Designs Design Invention 64

Patently-O

FEBRUARY 20, 2023

Ask whether the claimed invention is directed toward a categorical exclusion. If yes, ask whether the claimed invention includes something more, such as an inventive concept that transforms the abstract idea into a patent eligible invention. 2023) , highlights the current state of the law. Prometheus , 566 U.S.

Invention 89

Invention Technology Patent Law 89

IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

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Intellectual Property Technology Licensing Invention 100

JD Supra Law

FEBRUARY 7, 2023

USPTO News - On January 18, the USPTO announced the launch of the IP Identifier tool, which is designed to enable users who are less familiar with intellectual property to identify whether they have adequate protections to support their business, invention, or brand. By: WilmerHale

Intellectual Property 52

Intellectual Property Invention Branding Brands 52

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Microsoft v.

Designs 117

Designs Design Patent Invention 117

The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

Designs 98

Designs Design Patent Patent Infringement 98

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

JD Supra Law

NOVEMBER 30, 2023

In a precedential final written decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a provisional application’s disclosure to draw priority to that provisional for prior art purposes post America Invents Act (AIA). 10, 2023) (designated precedential Nov.

Patent 63

Patent Invention Art Designs 63

JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

Inventor 73

Inventor Patent Law Law Patent 73

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 126

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Further, patent specifications refers to patent specifications and design specifications. and ipr-patents@gov.in.

Patent 52

Patent Patent Application Government Designs 52

Patently-O

NOVEMBER 29, 2023

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent. 101 as claiming only abstract ideas and no inventive concept. Realtime Data v.

Patent Law 73

Patent Law Law Patent Art 73

Patently-O

JUNE 22, 2023

by Dennis Crouch Senators Tillis and Coons have released their “Patent Eligibility Restoration Act of 2023” designed to overturn the Supreme Court case of Mayo and Alice Corp. The impact here is to return eligibility doctrine back to the mid 2000s when almost any useful advance was likely patent eligible. ” 2. .

Patent 51

Patent Invention Designs Design 51

IP Watchdog

DECEMBER 6, 2023

In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. 2015), do not apply for post-America Invents Act (AIA) patents.

Art 52

Art Patent Invention Designs 52

The IPKat

OCTOBER 27, 2023

In a recent decision ( R 872/2023-4 ), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character required for it to be protected (..)

Registration 78

Registration Designs Design Intellectual Property 78

Olartemoure Blog

MARCH 1, 2024

However, we do know about the first self-propelled wheelchair that was invented in 1655 by Stephan Farfler in Nuremberg , a 22 year old paraplegic clock-maker who built it to aid his own mobility. Since then, there have been various technological and design advancements to improve the wheelchair. Mulhern and Stephen J. Antonishak.

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IP Inventor Intellectual Property Invention 105

SpicyIP

JANUARY 17, 2024

Image by Freepik Glaring Procedural Questions Arising Out of a Recent Patent Prosecution Proceeding By Suriya Balakanthan An invention titled “THIAZOLIDIN-3-YL-IMIDAZO-PYRIDINE-3-CARBOXAMIDE AS ANTIMALARIAL AGENTS” bearing Patent Application No. Thereafter, a pre-grant opposition was filed on 09/01/2023 by Mr. T.

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Patent Prosecution Patent Invention Copying 64

Patently-O

JANUARY 28, 2024

That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. That is, every objective indicium of inventiveness that this Court has identified was present in the technological, traditionally patent-eligible, setting of manufacturing lines. 2022-1590, 2023 WL 5346043 (Fed.

Technology 80

Technology Invention Designs Design 80

LexBlog IP

JANUARY 30, 2024

Another area that sees substantial changes is the design system. While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

Patent 52

Patent Invention Patent Law Designs 52

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier , CGPDTM has invited comments from the interested stakeholders by October 15, 2023.

Patent Application 69

Patent Application Invention Designs Design 69

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Emami Ltd.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

The IPKat

FEBRUARY 3, 2024

Hayleigh Bosher announced the nominees and winners of the IPKat Book of the Year 2023. Trade Marks and Designs Anna Maria Stein commented the latest decision ( T-537/22 ) about the validity of Lego's registered Community design for “Building blocks from a toy building set”. Congratulations to all the nominated authors!

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Designs Design Marketing Marketing 67

IP Tech Blog

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. The court unanimously found that AI cannot.

Patent Application 62

Patent Application Inventor Patent Invention 62

JD Supra Law

AUGUST 23, 2023

Today, 23 August 2023, major revisions to the Italian Intellectual Property Code become effective. Major changes concern university staff inventions, Italian double patenting regime, and the introduction of a temporary protection for design. In this article we delve into the key modifications. By: Hogan Lovells

Intellectual Property 52

Intellectual Property Invention IP Designs 52

LexBlog IP

MARCH 9, 2023

1, 2023)( John A. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

Designs 52

Designs Design Patent Patent Infringement 52

LexBlog IP

JULY 25, 2023

.” Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

Inventor 52

Inventor Designs Design Invention 52