IP Law 360

NOVEMBER 9, 2021

The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board's rejection of a patent application from Google on targeted advertising technology that automatically detects users who are interested in trends based on images shared on social media.

Social Media 98

Social Media Patent Application Advertising Advertising 98

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

Copyright 104

Copyright Trademark Copyright Law Patent Application 104

LexBlog IP

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. ” Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas.

Patent 52

Patent Patent Application Invention Advertising 52

Intellectual Property Law Blog

JUNE 20, 2023

However, generative AI is susceptible to the same subject matter eligibility issues that have sunk countless patent applications involving various machine learning technologies. Patent Office guidelines along with real-life prosecution experience fortunately provide a roadmap to avoid that fate for generative AI inventions.

Patent 130

Patent Invention Art Patent Application 130

The IPKat

JULY 19, 2022

Earlier this year, IPKat reported on the EPO's advertised workshop on description amendments ( IPKat ). This requirement requires applicants to either delete subject matter not covered by the claims or to explicitly state that such subject matter is not part of the invention.

Patent Application 131

Patent Application Reporting Advertising Advertising 131

43(B)log

MARCH 18, 2022

15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. The same allegations also sufficed for Lanham Act false advertising.

False Advertising 72

False Advertising Patent Advertising Advertising 72

Kashishipr

NOVEMBER 3, 2021

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.”

Trademark 105

Trademark Branding Brands Branding 105

The IPKat

JULY 18, 2021

Rose followed with a post on the EBA’s decision concerning double patenting. Double patenting is a situation where more than one European patent application, having the same filing date and applicant, and directed to the same subject matter, are granted.

Advertising 67

Advertising Advertising Reporting Copyright Law 67

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. The Single judge restrained the appellant (HUL) from publishing a print advertisement and airing three YouTube videos for its product ‘Domex’. Please let us know so we can include them!

Advertising 105

Advertising Advertising Confidentiality Trademark 105

The IPKat

NOVEMBER 12, 2023

The band had advertised tour dates with a poster featuring a plane in the style of EasyJet's orange, a parody that would have probably constituted infringement.

Registration 67

Registration Patent Application Advertising Advertising 67

The TTABlog

MARCH 20, 2023

Discovery Sanctions: The Board made certain adverse inferences against Respondent ERB for failure to comply with a Board order compelling interrogatory answers, including inferences that Respondent ERB did not conduct any look-for advertising and did not conduct any survey to show acquired distinctiveness.

Registration 68

Registration Advertising Advertising Designs 68

The TTABlog

SEPTEMBER 15, 2023

Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board noted a prior utility patent application owned by applicant, but found that the claims had no bearing on the proposed mark.

Designs 70

Designs Design Advertising Advertising 70

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. The Controller had rejected the application on the ground of lack of inventive step in light of the previously cited prior art. Rosemount Inc. Grupo Petrotemex v. of Atomic Energy.

Trademark 126

Trademark Invention Patent Art 126

The TTABlog

AUGUST 30, 2021

Applicant Herman Miller, noting that the spine of the chair is not part of the proposed mark, argued that “the spine is the invention, and the specific seat, back, and legs claimed in the Eames Molded Plywood Chair Design are not essential to the invention." 88027008 (August 25, 2021) [not precedential] (Opinion by Judge Cynthia C.

Designs 98

Designs Design Advertising Advertising 98

SpicyIP

FEBRUARY 19, 2024

The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Court, on the aforementioned grounds, ordered the controller to reconsider the Patent application expeditiously. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

SpicyIP

APRIL 15, 2024

In this guest post, Prathibha Sivasubramanian and Sreenath Namboodiri discuss the combined effect of these changes on transparency, the public information system in the Indian patent regime, and public health. The plaintiff alleged that the defendant was using identical marks and were selling counterfeit goods.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

LexBlog IP

MAY 9, 2023

Interesting Patents | Spotify: Unleashing the Power of Bluetooth Low Energy in Your Car by Founders Legal Interesting Patents | Tuesday, May 9, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Editing 52

Editing Patent Patent Application Social Media 52

LexBlog IP

JUNE 20, 2023

However, generative AI is susceptible to the same subject matter eligibility issues that have sunk countless patent applications involving various machine learning technologies. Patent Office guidelines along with real-life prosecution experience fortunately provide a roadmap to avoid that fate for generative AI inventions.

Patent 52

Patent Invention Art Intellectual Property 52

Patent Trademark Blog

APRIL 5, 2022

While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. Need to expedite your trademark application?

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

SpicyIP

NOVEMBER 19, 2023

The issue here pertains to the question of whether a patent office located in one place can transfer a patent application to another office in the absence of any specific provision in the law. St Art India Foundation & Anr. However, the plaintiff retorted that the work was not permanently situated in the public space.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Image from here.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

Patent Trademark Blog

SEPTEMBER 23, 2021

A patent gives you the right to exclude others from doing your invention. By doing, we mean using, selling, manufacturing and advertising. How can you tell if someone is infringing your patent ? When it comes to utility patents, you can’t just eyeball it. What is the purpose of the claims?

Invention 40

Invention Patent Application Art Patent 40

LexBlog IP

JULY 21, 2021

Interestingly, despite innovation generally being on the rise, 2020 saw a very slight decrease (-2%) in the number of patents filed in Australia. Of the 29,293 patent applications filed, the vast majority were filed by non-residents. Standard Patent Applications and Grants. Innovation Patents. Key Takeaways.

Reporting 52

Reporting IP Patent Application Registration 52

Patently-O

FEBRUARY 10, 2022

The parties agree that the products described in the letter embody the design that was later patented. February 2000 : Junker filed his patent application that led to the D’839 patent. Sometimes an unsolicited letter such as this may be seen as merely an advertisement. 102(b) (pre-AIA).

Business 76

Business Patent Invention Design Patent 76

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office. DRS Logistics (P.)

IP 59

IP Trademark Advertising Advertising 59

The TTABlog

JUNE 27, 2023

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs 51

Designs Design Ownership Design Patent 51

The TTABlog

JUNE 27, 2023

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs 44

Designs Design Ownership Design Patent 44

43(B)log

AUGUST 31, 2021

The accused ads were clearly for goods, not services, let alone services “qualitatively different” from anything necessarily done in connection with selling the KICKR products.

Technology 59

Technology False Advertising Invention Patent Infringement 59

LexBlog IP

MARCH 30, 2022

In my previous article I presented some data on Australian standard patent application prosecution events between 2017 and 2021. Now might be a good time to register, particularly for prospective candidates with a background in chemistry, pharmaceuticals, or biotechnology. Read more »

IP 52

IP Patent Reporting Editing 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. The case was discussed on the blog here.

IP 124

IP Copyright Trademark Intellectual Property 124

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy.

Patent 52

Patent Intellectual Property Ownership Invention 52

SpicyIP

JANUARY 30, 2023

Contrary to the opinion of the Single judge, the court held that the Plaintiff’s mark has acquired distinctiveness keeping in mind the sales figures and expenses incurred in advertisements. In the present case the pre amended claims were for method of treatment whereas the claim was amended broadly to include the product/ composition.

Trademark 105

Trademark IP Advertising Advertising 105

Biswajit Sarkar Copyright Blog

SEPTEMBER 14, 2022

Thus, because of the increase in the illegal use of their inventions, the companies have started filing patent applications for their inventions in the sector of automobile. It was observed in the year 2020, that most of the patents were filed in the categories of mechanical engineering i.e., in the automotive industry.

Intellectual Property 52

Intellectual Property Invention Branding Brands 52

Patently-O

APRIL 15, 2024

The appellate court pointed to several examples: EZPZ’s failure to disclose relevant patent applications during discovery; EZPZ’s attempts to block LNC from discovering prior art searches conducted by EZPZ’s founder; and repeated false testimony by the party. On appeal, the Federal Circuit found no clear error.

Art 62

Art Litigation Patent Patent Application 62

SpicyIP

MAY 28, 2023

Image from here Who is the relevant “viewer” of a comparative advertisement? China’s National Intellectual Property Administration Revokes Licenses of 5 Patent Firms for Filing Over 30,000 Abnormal Patent Applications. Other Posts Trademark musings to beat the Monday Blues!

Invention 98

Invention Trademark Copyright IP 98

43(B)log

AUGUST 3, 2023

Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Exploitative: 99% make no profit/lose money; stuck w/unwanted inventory; exploitative based on false promises of wealth and miracle products—the seller gets free advertising.

Social Media 52

Social Media Fair Use Advertising Advertising 52