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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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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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. Find Out Which Patent Applications Are Related. For example, let’s say a pending US utility nonprovisional patent application is related to an international PCT application.

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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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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. Intellectual Property News and Resource Blogs. PATENT SEARCH TOOLS. Google Patents.

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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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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

Is the US patent law firm familiar with PCT nuances? What is the difference between theory and reality in US patent law practice? For example, the USPTO is supposed to consider Article 34 Amendments filed during the Chapter II examination of the PCT application. Do you need to expedite your US patent application?

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Who can provide for patent rights?

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Patent Inventor Invention Intellectual Property 92

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent.

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Patent Application Patent Invention Inventor 52

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

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

FEBRUARY 15, 2024

Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to guide the USPTO in matters relating to AI. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. Compulsory application for protection in Spain.

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IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

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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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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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More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Further yet, it may surprise some that the U.S.

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Patent Invention Patent Infringement Blogging 52

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. When possible, sellers should build a patent portfolio around their product to ward off competitor listings of infringing products. Registering trademarks with the U.S.

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IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. This question has sparked widespread debate and commentary within the legal community as legal frameworks struggle to adjust to AI.

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Kashishipr

OCTOBER 20, 2021

The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. For more visit: [link].

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Should patent arguments be more legal or technical? Examiners are human.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Article 2.4

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Design Patent Designs Design Patent 57

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

India- To register a patent and thereby enjoy protection against infringement in India, a product or a process must have an ‘inventive step’, should be capable of industrial application and should not fall within the categories that are explicitly defined as ‘not inventions’. However, Amazon sued them for infringement.

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More Than Your Mark

OCTOBER 19, 2018

. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. This post will focus on the calculation of PTA, which is intended to adjust the patent term to compensate for delays caused by the U.S.

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LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Article 2.4

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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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LexBlog IP

FEBRUARY 25, 2024

The United States Patent and Trademark Office (USPTO) last week issued inventorship guidance for artificial intelligence (AI)-assisted inventions. The various patent office decisions explained that under current patent laws, inventorship is limited to a natural person(s). So what’s a patent applicant to do?

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LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. Hetronic prevailed at trial to the tune of $114 million in damages, $90 million of which were awarded on the trademark claims. Vitronics Corp.

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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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LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 52

More Than Your Mark

MARCH 4, 2019

For the former, the Patent Office will adjust the term on a day?for?day That said, the Patent Office has historically reduced any such adjustment if the patent applicant was the cause of the delay. But when is delay attributable to the applicant? day basis: one day of delay results in one day of adjustment.

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SpicyIP

JANUARY 27, 2024

Over the years, the issue of disability exceptions has been extensively covered on the blog starting from the earliest discussions on the Right to Read campaign (see also here ). Interestingly, the issues of and around TK have attracted ample attention on the blog. For larger-than-law-type posts on this topic, check Prof.

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