Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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Patent Trademark Blog

JANUARY 12, 2023

Of course, this total does not include all the international and foreign patents I’ve handled. How to Check If A Lawyer Is A Patent Attorney. While many lawyers like to call themselves an IP attorney, not everyone IP attorney is a registered patent attorney. They can still practice trademark or copyright law.

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IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. In her blog post, Director Vidal states that stakeholders with respect to U.S.

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LexBlog IP

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

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Traverse Legal Blog

NOVEMBER 16, 2021

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. Have all conveyances, including assignments, been properly recorded for the IP assets with the respective IP offices?

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Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?

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Patent Trademark Blog

SEPTEMBER 28, 2022

If you filed any foreign patent applications, make sure to get the contact information of the foreign associate for each case. Our firm works with several foreign associates in each major foreign country, but it can save money to continue working with the foreign IP firm currently handling a particular foreign filing.

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IP Blog

SEPTEMBER 2, 2020

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Copyrighting, meanwhile, only offers partial coverage for the exact source code, while other types of IP protection simply do not apply.

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LexBlog IP

JANUARY 25, 2022

The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. In this blog post, we will discuss several free online tools and resources that every inventor should know about. Google Patents. USPTO Patent Full Text and Image Database. PATENT SEARCH TOOLS.

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The IP Law Blog

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. 12/20/2023) 2023 U.S.

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LexBlog IP

OCTOBER 24, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. defense departments (e.g.,

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Patent Trademark Blog

FEBRUARY 21, 2022

Does it matter where you live or where your patent attorney lives? Some might disagree, but I would argue that your location does not matter if you’re looking for a patent attorney to file patent applications. If you need a patent litigator, then location may play a bigger role.

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Patent Trademark Blog

JUNE 1, 2022

What should PCT applicants look for in a US national phase firm? When it comes to entering the US national phase, PCT applicants have a lot of options. Can a boutique IP firm handle US patent filings for a large client? Will the US national phase firm warn you of potential problems in your PCT application?

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LexBlog IP

FEBRUARY 25, 2024

ARTIFICIAL INTELLIGENCE INVENTORS In the past few years, through many patent application filings, patent offices around the world have declined to extend patent inventorship to an Artificial Intelligence (“AI”) named DABUS, stating that the application did not name an “inventor.”

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Patent Trademark Blog

MAY 26, 2021

The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines. Each foreign country has its own patent laws which may or may not allow for broken lines in design patents.

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SpicyIP

JANUARY 27, 2024

We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc. Did you miss anything?

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Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications.

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IPilogue

JUNE 2, 2022

Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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The IP Law Blog

MARCH 10, 2022

The Board noted that the holding of a district court in the Eastern District of Virginia that an artificial intelligence system could not be an inventor on a patent application under patent law supported the Board’s conclusion, given that patent and copyright law have similar requirements.

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IPilogue

JANUARY 10, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. Part 1: The Four Pillars of Patentability.

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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The IP Law Blog

FEBRUARY 15, 2024

In the guidance, the USPTO explained that while AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person does not necessarily preclude a natural person from qualifying as an inventor if the natural person “significantly contributed to the claimed invention.”

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The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

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LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor.

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Garrigues Blog

APRIL 5, 2022

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. c) of the Patents Law and article 138.1

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LexBlog IP

APRIL 12, 2023

Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. Intellectual property law is all the more a refuge for wordsmiths , linguists , and logophiles , as three recent IP-related matters can help illustrate. Eset, LLC, a patent case. Hetronic International Inc.,

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Law IP Intellectual Property Copyright 52

Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

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LexBlog IP

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. In her blog post, Director Vidal states that stakeholders with respect to U.S.

Patent 52

Patent Invention Patent Application Intellectual Property 52

The IP Law Blog

JANUARY 13, 2022

In order to obtain a patent for an invention, the invention must be fully disclosed in a written patent application. The patent application has to describe the invention in detail and how to make and use the invention. The invention must meet several requirements in order to be patentable.

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Garrigues Blog

JANUARY 12, 2022

All of us at the Garrigues IP Blog would like to wish you a very happy new year. This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor.

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IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al.

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Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

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Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. Protecting IP ensures that startups can maintain their competitive edge and capitalise on their innovations. Classify each type to understand its specific protection requirements.

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