The IPKat

DECEMBER 22, 2023

The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement? This is one to watch for 2024.

Invention 110

Invention Inventor Patent Law 110

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. Indeed, the intermediate Texas appellate court, at Jim Olive Photography, 580 SW3d at 376, fn.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Above the Fold

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40