Patent Trademark Blog

MARCH 6, 2024

Should you search prior art patents on medical devices? The medical device prior art tends to be quite crowded, meaning that broad patent claims will be challenging to obtain. Knowledge of the prior art can provide a helpful roadmap for claiming more unique features. Design or utility patent?

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Garrigues Blog

NOVEMBER 15, 2021

In general, when preparing an opposition against a European patent, substantial effort should be made to locate the relevant state of the art, in order to be able to provide solid evidence of the lack of novelty and/or inventive step of the patent that has been granted. However, this is not an easy task. the patented products or processes.

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Kluwer Copyright Blog

APRIL 8, 2024

In the EU, TDM activities have relied on explicit exempting provisions enshrined in the Directive on Copyright in the Digital Single Market ( CDSMD ). Of particular concern is the so-called commercial exception in Art.

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The IPKat

NOVEMBER 14, 2022

The system will allow the applicant to apply for keeping confidential some of the information provided, but it is clear that the public interest in disclosure will highly likely prevail and it is not really clear if there will be a possible appeal on the decision denying confidentiality.

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Nelligan Law

FEBRUARY 20, 2024

Reading Time: 4 minutes In the world of human expression, few art forms have undergone as radical a makeover as tattooing. Conversely, the confidential settlement reached in S. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

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Copyright Fair Use Copyright Law Settlement 79

Patently-O

APRIL 13, 2023

Summary of the EU Proposal Some of the key elements of the EU Proposal concerning FRAND rate determination are the following: 1 – Art. 36 would require SEP holders and implementers of FRAND-encumbered standards to request a FRAND rate determination by the Centre prior to initiating litigation over SEPs in a European court; 4 – Art.

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Kluwer Copyright Blog

MARCH 8, 2023

Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art. 2121/1993 on “Related Rights”, just after Art. 2121/1993 on “Related Rights”, just after Art. On the contrary, but in compliance with Recital 58 in fine , Art. 15 of the CDSMD.

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SpicyIP

JANUARY 2, 2024

For any patent having commercial value, opposition against improperly granted patents will come up naturally in the market by competitors, and the government’s role in this is contended as being superfluous by Prashant.

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SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

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LexBlog IP

AUGUST 30, 2021

Among the trade secrets alleged to have been misappropriated are “the precise dimensions and measurements of the ProLift components and subcomponents and their interconnectivity” A key fact in dispute was whether those precise specifications could be obtained by third parties without first signing confidentiality agreements.

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Patent Intellectual Property Confidentiality Invention 52

IIPRD

JANUARY 24, 2023

According to a report titled “$1Tn India Fintech Opportunity”, by Chiratae Ventures and Ernest and Young, Indian Fintech is expected to record a revenue of $200 Billion, it also emphasised that the market for digital lending, which is anticipated to expand to a book size of $515 billion by 2030.

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Kashishipr

OCTOBER 13, 2021

The content disclosed within the provisional application is kept confidential until the complete disclosure is made. This additional period can be utilized to plan the introduction of the invention in the market or against any opposition that is anticipated. The same would mean securing billions’ worth of cash.

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SpicyIP

DECEMBER 30, 2023

The Court also held that the rejection order’s finding on lack of novelty and inventive step was not accurate and rather the controller had adopted a hindsight view of the prior art and failed to establish how the prior art documents made the invention non-novel. Meticulous Market Research Pvt. Acko General Insurance.

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LexBlog IP

NOVEMBER 28, 2023

This is an efficient result that mitigates risk to the business, but ultimately, without testing the merits of creators’ demands in court, it is difficult to know the true state of the art with these questions. What has been the market-effect on the underlying work? The first factor is of chief concern ordinarily. TVEyes, Inc.:

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Trading Secrets

JUNE 3, 2022

The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. In the past, plaintiff had won about 75 percent of the bids it submitted for a specific client. 4th 531 (7th Cir.

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IP and Legal Filings

MARCH 9, 2022

Introduction: Appreciating art, culture, and innovation is a prevalent practice for ages. Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market.

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Patently-O

FEBRUARY 22, 2023

As noted above, one of the five sitting ALJs tasked with reviewing those cases, ALJ Cameron Elliot, has ordered third-party litigation funding orders to be produced and indicated, in at least one case, that such funding should be treated as non-confidential. [31] 17] At least, that’s as far as can be pieced together. 2] See generally U.S.

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LexBlog IP

SEPTEMBER 8, 2021

Knowing this, a friend recently directed me to a podcast from a well-known marketing guru who was giving advice about intellectual property, and patents in particular, during one of his episodes. Currently, it can take 18 months to more than three years to get an issued patent, depending on the technology area or “art space.”

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Garrigues Blog

JUNE 29, 2023

Although things are not so clear where it is cultural expressions of indigenous peoples that are being used, a trend that has been seen across all fashion houses, from great luxury to fast fashion , all looking for inspiration in traditional arts and crafts of other cultures to create new westernized collections.

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LexBlog IP

DECEMBER 6, 2021

However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product. A product might not appear on the market yet, however that does not always mean it has not been invented yet. A trademark cannot be used to protect an invention, coding, or software program.

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SpicyIP

MARCH 4, 2024

It was alleged by the appellant that the impugned order lacks the necessary reasons and cursorily holds that the technical features of the invention fall within the cited prior art. The Court rejected the application and held that this is an inaccurate reading of its earlier order.

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43(B)log

FEBRUARY 3, 2024

Prince: “Prince testified his purpose was simply to ‘make art’ and ‘have fun’”—rejecting fair use, repeatedly emphasized in opinion. Gets the market failure explanation for protecting parody and dissent, but the flipside is that joy and pleasure become commodities owned by IP proprietors. Market economy v. Moralistic?

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IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. Statutes Information Technology Act, No.21,

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information subject to the duty includes: Prior art. Preserving confidentiality and privilege. For drugs and biologics, this could include, for example, IND and NDA/BLA submissions, risk evaluation and mitigation strategies (REMS), post-market studies, and field reports. Medical devices and drug/device combinations. Others (e.g.,

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Patent Prosecution Due Diligence Reporting Inventor 76

43(B)log

APRIL 7, 2023

Three characteristics of DSA that are building blocks: (1) single market nature, (2) proportionality, (3) process effect. Single market effect: harmonization of national rules, like US federal preemption. Fortunately the red lines were respected as the democratic mandate of the safe harbors was respected. That made it easier to adopt.

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LexBlog IP

JUNE 7, 2023

In principle, transparency is desirable, to the extent it allows implementers to predict the licensing costs of marketing standard-compliant products. Confidential nature of the EUIPO’s findings. The establishment of a SEP registry risks a duplication of effort. Only the latter will be publicly available. [29]

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The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. An opt-in scheme could address the confidentiality concerns of IP owners.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. An opt-in scheme could address the confidentiality concerns of IP owners.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. An opt-in scheme could address the confidentiality concerns of IP owners.

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Technology Patent IP Invention 52

IP Whiteboard

OCTOBER 15, 2020

A key question is whether patent law should allow AI to be identified as the sole or joint inventor, and if not, whether this will discourage future inventions being protected by patent (and instead, being kept confidential). The call for views points out that AI is already used to create copyright works, such as music and art.

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SpicyIP

MARCH 11, 2024

The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act. The Court allowed the application and directed to form a confidential club constituting counsels of the plaintiff and the defendant and prescribed the conditions to which the club shall adhere to.

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LexBlog IP

APRIL 3, 2023

This decision indicates that an SEP owner sometimes might need to provide information to a prospective licensee (under a confidentiality agreement), although that may not be necessary for an experienced licensee who can consult existing patent licenses they have entered with others. non-discriminatory] part of FRAND).

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

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SpicyIP

OCTOBER 23, 2023

Instead, the new policy was going to allow only one government owned pharmaceutical company to manufacture Oxytocin which would then be marketed through only one government owned distributor. The policy in question sought to ban all private manufacture and distribution of oxytocin , a drug that is critical for maternal healthcare.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? Dabur India Limited vs Mi Lifestyle Marketing Global Pvt. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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SpicyIP

DECEMBER 24, 2023

The Court restrained the Defendants from manufacturing and marketing the drug, but given the importance of the drug in treating diseases such as cancer, allowed the Defendants to exhaust the stock available with them. Broadcom Inc. vs Texasldpc Inc. 2 lakhs on the Defendant.

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