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Prior Art: The Patent Pitfall

Larson & Larson

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

Art 52
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WIPIP 2022, Session 6 (TM)

43(B)log

At least in its “explicit falsity” prong, though, Rogers tailors potential liability for noncommercial speakers more closely to classic fraud, excluding most noncommercial speech from trademark liability. But there are several remaining problems. The 9th Circuit in Bosley v. Kremer, the 4th in Radiance Foundation v.

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Request for Comments on USPTO Initiatives To Promote Generic Drug and Biosimilar Competition

LexBlog IP

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching.

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TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing

The TTABlog

Spiritual Arts Institute , Cancellation No. The Board observed that "any term that the relevant public uses or understands to refer to the genus of goods, or a key aspect of a sub-group of the genus, is generic." The Board was unmoved: "use of the 'TM" symbol. Nor does use of initial caps compel a different result.

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Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

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]. Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24].

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“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” ”); James v. Campbell , 104 U.S.

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Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021.