LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

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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.

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Reporting Intellectual Property Patent Application Intellectual Property Law 136

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 Design 52

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. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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Patent Application Design Designs Invention 64

Intellectual Property Law Blog

JULY 25, 2023

Within hours after the meeting, Berardi built his own prototype and three months later filed a patent application, which was granted as one of the six patents. The other five patents involve subject matter related to the first patent. Tristar counterclaimed to correct the inventorship of the six patents.

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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. The post The Patents Amendment Rules, 2023.

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Patent Invention Patent Application Design 52

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. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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Design Patent Designs Design Patent 52

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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Patent Application Patent Intellectual Property Technology 52

The IPKat

OCTOBER 31, 2024

However, the nascent field of AI-assisted drug design also highlights the need for IP strategy to be as forward-looking and innovative as the science it seeks to protect. As such, the patentability of a drug candidate must be a key component in drug design. Protecting the platform: To patent or trade secret? Alfie (a.k.a.

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IP Patent Application Technology Patent Drafting 56

IP and Legal Filings

AUGUST 8, 2024

This allows the others to gain knowledge of the others invention and develop in the future. The patentee has exclusive rights over their invention for a particular period of time, that is 20 years in India. This represent that the patentee has the power to control the uses, makes, imports or sells of their invention.

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Patent Invention Inventor Patent Application 91

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.

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The IPKat

AUGUST 13, 2024

This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. This year, eleven OpenAI patents and patent applications have been published.

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Patent Editing Inventor Patent Application 124

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. Satheesh Madhav and Anr.

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Trademark Invention Patent Art 106

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). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Design 52

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. It is safeguarded under the Patent Act, of 1970. The inventions of any startups are protected through the Copyright laws.

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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.

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Designs Design Trademark Copyright 52

LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Designs 52

Designs Design Editing Patent Application 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).

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Designs Design Patent Invention 92

SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 78

SpicyIP

JANUARY 17, 2024

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. Iyer (first Opponent) from Madurai, Tamil Nadu.

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Patent Prosecution Patent Invention Copying 64

LexBlog IP

JULY 25, 2023

Within hours after the meeting, Berardi built his own prototype and three months later filed a patent application, which was granted as one of the six patents. The other five patents involve subject matter related to the first patent. Tristar counterclaimed to correct the inventorship of the six patents. .”

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Inventor Design Designs Invention 52

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.

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Cease and Desist Copyright Infringement Invention Social Media 94

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. Functional claiming is a constant lure for patent drafters. For example, in Amgen v.

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Invention Patent Application Technology Patent 64

Canadian Intellectual Property Blog

AUGUST 23, 2023

Canada remains an important jurisdiction in North America for IP filings and is further reinforced by rapid population growth, surpassing the 40 million mark in 2023. Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees.

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Intellectual Property Patent Application Intellectual Property Law Design 52

LexBlog IP

MAY 18, 2023

Interesting Patents | A Leap Into the Future: Understanding Neuralink’s Pioneering Implantable Device by Founders Legal Interesting Patents | Thursday, May 18, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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Editing Patent Patent Application Social Media 52

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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Design Designs Music IP 90

Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.”

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Invention Patent Drafting Technology Patent 72

SpicyIP

JULY 8, 2024

Case Summaries Cornell Research Foundation vs Assistant Controller Of Patents and Designs on 05 July, 2024 (Madras High Court) The appellant was aggrieved by the order passed by the respondent, rejecting its patent application. The appellant argued that the respondent cited prior art D5 only in the hearing notice.

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Art Invention Trademark Patent Application 59

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. ” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.”

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Art Invention Patent Application Patent 122

The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. These AI generated structures may be included in patent applications or simply published in depositories on the internet. The full call for views can be viewed here.

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Patent Art Invention Patent Law 60

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Examining Attorney Tarah Hardy Ludlow had (provisionally) accepted Applicant Pen Pal's Section 2(f) claim, but maintained the functionality refusal.

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Designs Design Ownership Design Patent 51

The IPKat

FEBRUARY 14, 2024

With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India.

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Editing Intellectual Property Copyright Patent Application 60

LexBlog IP

JUNE 15, 2023

Interesting Patents | Snap: Geolocation Based Playlists + D’Addario: Synthetic Reed With Cane Particles by Jaime Chandra The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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Patent Patent Application Music Editing 52

Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

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Design Patent Designs Design Patent Application 59

Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc.

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Art Inventor Publishing Invention 49

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Examining Attorney Tarah Hardy Ludlow had (provisionally) accepted Applicant Pen Pal's Section 2(f) claim, but maintained the functionality refusal.

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Designs Design Ownership Design Patent 44