SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. This commercial information is invaluable to the Patent Controller in compulsory licencing proceedings.

Patent 52

Patent Patent Application Government Reporting 52

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. If you have seen these designs on apparel liners, it is coming from Seirus brand.

Design Patent 81

Design Patent Art Designs Design 81

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. A patent protects an invention. ” But there are exceptions and exclusions under patent law.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II.

Reporting 116

Reporting Designs Design Copyright 116

Patently-O

SEPTEMBER 13, 2021

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). However, this case did not sound in patent infringement, but in breach of contract. Apportionment. Clark , 111 U.S.

Licensing 56

Licensing Contracts Patent Law Law 56

Patently-O

DECEMBER 22, 2022

Although somewhat slow thus far, there is some potential that 2023 will turn out to be a major year for Supreme Court patent law jurisprudence. Teva has been selling the drug for the non-patented uses, and the question is whether the FDA-approved drug label that purported to carve-out the patented actually encourages infringement.

Patent Law 60

Patent Law Law Patent Invention 60

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 98

Litigation Patent Intellectual Property Branding 98

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Branding 52

Patently-O

OCTOBER 4, 2021

Kessler Doctrine is particular to patent law and falls somewhere in-between issue and claim preclusion–allowing preclusion in instances where it would not be traditionally available. See Lucky Brand Dungarees v. Likewise, the court has rejected patent-specific procedural rules. Marcel Fashions Grp., In Kessler v.

Litigation 75

Litigation Patent Infringement Patent Settlement 75