The IP Law Blog

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A trade secret protects a business’s confidential and proprietary information. A patent protects an invention. Thus, there is some overlap between what can be protected by a trade secret or a patent.

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Trading Secrets

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. v ITC, 22-1827 (Fed.

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LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

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LexBlog IP

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. v ITC, 22-1827 (Fed.

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Invention Patent Confidentiality Patent Application 52

LexBlog IP

MARCH 13, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. v ITC, 22-1827 (Fed.

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Invention Patent Confidentiality Patent Application 52

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patently-O

APRIL 10, 2024

By Dennis Crouch Over the past year I’ve been investigating various generative Artificial Intelligence (GenAI) tools for assisting patent attorneys in their practice. ” In the context of patent applications, the notice provides specific examples of how the duty of disclosure may be implicated when using AI tools.

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Patent Trademark Blog

AUGUST 1, 2023

How do you patent food? If you love to eat as much as I do, you might think of food as something you would not normally patent. For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Need to obtain a food patent?

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LexBlog IP

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A trade secret protects a business’s confidential and proprietary information. A patent protects an invention. Thus, there is some overlap between what can be protected by a trade secret or a patent.

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Patent Invention Patent Application Confidentiality 52

Patent Trademark Blog

DECEMBER 11, 2023

How is a patent attorney different than Amazon seller attorneys? Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Is a patent attorney specially licensed?

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Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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IP Law 360

JUNE 7, 2023

A urologist told a Los Angeles federal jury on Wednesday that he created the first Food and Drug Administration-approved cosmetic penile implant, only to be "betrayed' by a fellow urologist who stole his company's trade secrets and made it public by filing a patent application based on the confidential information.

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JD Supra Law

FEBRUARY 24, 2023

In a cautionary tale for inventors participating in trade shows and other non-confidential presentations, on February 15, 2023, the U.S.

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LexBlog IP

MARCH 18, 2022

The Importance of Provisional Applications in the Patent Process. Do you have a provisional patent application that you want to convert to a non-provisional patent? JUMP TO: Filing a Non-provisional Patent Application. Getting Assistance with the Patent Process. Converting to a Non-provisional.

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Patent Application Patent Invention Confidentiality 52

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 Trademark Blog

JUNE 9, 2022

Are methods of treating humans patentable in the US? Yes, a medical method of treatment is patentable in the US. Of course, methods of treating human health issues must meet all conditions of patentability. Patenting a method of medical treatment would still involve hurdles of obviousness and lack of novelty.

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Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. You may have heard the term ‘prior art’ before in the context of patents. Exceptions.

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Patent Trademark Blog

MARCH 18, 2022

Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. And inventions can be protected with patents. Can you build IP in selling such existing products?

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Intellectual Property IP Confidentiality Patent Application 52

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

Is the protection of patent available for website? In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too. Requirements for patentability. the requirements for patentability are- Novelty, inventive step, industrial application.

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Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

This article is part of a series on commonly held misconceptions about patents. Many prospective patentees often have unfounded reservations about patenting their inventions. The aim of this series of short articles is to debunk these common myths around patent protection.

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IP Tech Blog

JUNE 18, 2021

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents.

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Patently-O

FEBRUARY 16, 2023

By David Hricik, Mercer Law School Noted below, Akin Gump had sued a former vendor, Xcential, arguing that its lawyers had invented what Xcential had sought to patent. 2023), which involved a firm’s admitted use of text from one patent application in an application for another client in closely related cases.

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Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Invention Confidentiality Privacy Public Use 59

SpicyIP

JULY 5, 2021

Before the CIC, the CPIO argued that said scholar has ‘already received’ a US patent and ‘intends’ to file for an Indian patent with respect to his research work; therefore, there are chances of commercial exploitation of his work. Examining application of Section 8(1)(d). Assessment. suo moto mandatory disclosures.

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LexBlog IP

MARCH 8, 2022

Interesting Patents. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents?

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Invention Confidentiality Privacy Public Use 59

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Copyright protection is unique in that it can last for well over a century and requires minimal examination by the United States Patent and Trademark Office (USPTO).

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Bio Law Blog

JUNE 21, 2020

settled three Inter Partes Review (IPR) proceedings concerning patents covering Alexion’s blockbuster humanized monoclonal antibody drug Soliris®, with Amgen obtaining a royalty-free license for marketing a biosimilar prior to expiration of the patents at issue. The patents at issue are U.S. Patent Nos.

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Invention Confidentiality Privacy Public Use 52

Patently-O

JANUARY 25, 2022

Order to Keep the Patent Filings Secret : The defendant has several patent applications pending at the USPTO which apparently include the trade secret algorithm within its specification. On appeal, the Federal Circuit affirmed that preliminary injunction as warranted based upon California state trade secrecy law.

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LexBlog IP

AUGUST 22, 2022

Chester and MEA filed a related patent application, which was approved in part. REXA argued that Chester and MEA’s actuator incorporated and disclosed confidential designs contained within the prototype Koso developed in 2002. The district court granted summary judgment in favor of Chester and MEA. REXA appealed.

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IP Tech Blog

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). Under the pre-AIA law, a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process.

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Patently-O

DECEMBER 19, 2022

Xcential then was the first, and apparently only, one to file a patent application naming its long-time coding expert as inventor. The patent application is here. Among other things, it asserts misappropriation of confidential information, slander of title, and other claims. Stay tuned…

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IP and Legal Filings

JANUARY 21, 2022

Huawei and Verizon settle their FRAND patent dispute concerning the infringement claims in Texas, which was done shortly after the start of the trial. Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. Image Source: gettyimages]. Chinese market.

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