LexBlog IP

MAY 16, 2023

However, the new UPS also significantly affects existing European patents (EP) with designations in the 17 EU Member States participating in the UPS. Parties entering into patent transactions involving existing (or potential future) EPs should consider the impact of the UPS on their contracts and licences.

Contracts 52

Contracts Patent Designs Design 52

43(B)log

APRIL 29, 2024

17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. The breach of contract claim survived. Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

The IPKat

FEBRUARY 13, 2024

The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). The impact of G 2/21 on inventive step and free evaluation of evidence (E-IV-4.1, Is the Broad CRISPR appeal coming back from the dead?

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Invention Art Inventor Designs 70

The IPKat

AUGUST 16, 2023

Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. There has been a lot of excitement about whether an AI can be formally designated as an inventor.

Invention 52

Invention Inventor Branding Brands 52

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 77

Business Patent Invention Design Patent 77

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67

The IPKat

AUGUST 31, 2022

by Marianna Ryan Decentralised Autonomous Organisations (DAOs) are a new type of quasi-corporate entities, existing with the use of blockchain and smart contracts. The use of blockchain and smart contracts in the creation of DAOs has its pros and cons. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?

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Ownership IP Contracts Inventor 134

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. This is different from a patent, which helps to protect inventions (like creating a new tool). The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Why is IP important?

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

Patently-O

MAY 2, 2022

The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. 126 (1877) (delay excused by “bona fide effort to bring his invention to perfection, or to ascertain whether it will answer the purpose intended”). ” Pfaff v. Wells Elecs., 55 (1998).

Invention 82

Invention Contracts Licensing Inventor 82

Patently-O

FEBRUARY 10, 2022

The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. Broadcom makes infringing chips and they are installed in Apple devices. Still, much of the sales activities occurred within the United States.

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Patent Contracts Invention Designs 126

Technology & Marketing Law Blog

AUGUST 24, 2023

Now, the primary vehicle to stop web scraping is with breach of contract claims. Now, in its case against Bright Data, Twitter’s lawyers filed three claims: breach of contract, tortious interference with a contract, and unjust enrichment. In the end, it was a pyrrhic victory. They don’t need or seek alternative legal theories.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Patently-O

MARCH 7, 2023

The $280 billion CHIPS and Science Act is designed to use federal grants and investments to encourage domestic production of advanced semiconductors and will also fund research into further advanced technologies, including further improved microchips; quantum computing; and artificial intelligence (AI).

Contracts 49

Contracts Designs Design Invention 49

Patently-O

JULY 19, 2021

Lawrence Ausubel is a Professor of Economics at Maryland and has published dozens of articles on efficient auction design and holds several patents. The invention here is directed to a method of approximating a patient’s pulse-wave using the pressure signal from a blood pressure cuff. Ex parte Knoll , Appeal No. ”

Invention 126

Invention Patent Application Technology Contracts 126

SpicyIP

APRIL 29, 2023

Companies are therefore required to take extreme caution while sharing technical know-how, confidential information, designs, concepts, innovative formulas, business strategies, drawings etc. As a result, employers are eager to take the necessary safety precautions to protect such confidential data and information from being misused.

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Confidentiality Contracts Public Domain Marketing 130

Patently-O

JANUARY 22, 2022

John North was an employee of American Book and Paper Folding Company, hired to design and improve various paper folding machines. ” On appeal, Bacon argued that he owned the invention based upon the prior employment agreement. Appleton v. Bacon , 67 U.S. 699 (1862). ”).

Inventor 55

Inventor Invention Contracts Designs 55

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it states that the invention rights “shall be the property” of the employer, it does not include any language spelling out an automatic assignment of rights. ” Brian Barnett.

Inventor 68

Inventor Ownership Contracts Intellectual Property 68

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. View the IP Basics toolkit through this link: IP Basics toolkit A breath of fresh air Dancing into the Den, Will from York pitched his invention, ‘Inhaler Tailor’. A design worth registering? Does any of the IP belong to someone other than the licensor?

Blogging 52

Blogging IP Designs Design 52

IPilogue

JULY 9, 2021

Many contracts assigning IP have detailed provisions dealing with the incidents of the assignment. Other contracts are brief, but all are written against the background of default rules such as those on estoppel. What if they got nothing extra from patenting or design registration? For example, in the U.K. ,

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Intellectual Property Editing Intellectual Property Law IP 81

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. A Patent is granted for any product or process invention for a period of 20 years. He is thus, able to explain the invention to others.

Patent 52

Patent Invention Patent Application Government 52

LexBlog IP

AUGUST 16, 2023

This might include brand names, product line names, style names, or even unique packaging or product design. Licenses A buyer’s legal counsel will review every material contract of a company and look for issues that may occur after close. Infringement Few investors want to inherit a lawsuit or a threatened lawsuit.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Indiana Intellectual Property Law

FEBRUARY 23, 2023

They also assigned their entire right, title and interest in any idea, invention, design of a useful article, computer program and related documentation, as well as any other work of authorship made or conceived by them that relate to the actual or anticipated business for or on behalf of MaddenCo or its subsidiaries.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. before the effective filing date of the claimed invention”); 35 U.S.C. §

Patent 52

Patent Invention Designs Design 52

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

The IPKat

DECEMBER 14, 2022

They touch on the basics of patents, trademarks, designs, domains, copyright and trade secrets, with attention to both auditing what IP rights a start-up has, as well as how to avoid infringement of third-party rights. There is a particular emphasis on patents and includes the law around employee inventions and its application to start-ups.

IP 91

IP Intellectual Property Editing Contracts 91

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

APRIL 14, 2023

According to a wide-spread story, camembert was invented in the outskirts of the Camembert village in the French Normandie in the 1790s by a cheesemaker, named Marie Halel, together with a local priest. To this end, the Syndicate negotiated a contract with the War Ministry to supply the French troops with camembert.

Contracts 139

Contracts Invention Registration Designs 139

Kashishipr

JUNE 23, 2021

Generally speaking, IP laws safeguard the right of the proprietor of the original work or invention, including literature, inventions, logos, designs, etc. .” Therefore, the domain of big data cannot escape the interplay of IP laws in its administration and protection against third parties. Big Data and Patents.

Intellectual Property 98

Intellectual Property Invention IP Copyright 98

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Preventative Measures for Safeguarding a Trade Secret.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Text and data mining (TDM).

IP 69

IP Inventor Invention Intellectual Property 69

The IPKat

FEBRUARY 8, 2022

Article 118 EPC states that, where the applicants for a European patent are not the same for different contracting states of the EPO, they shall be regarded as joint applicants and that unity of the application will thus not be affected. The PCT application (P2) named A1, A2 and A3 as inventors and applicants for the US designation of P2.

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Inventor Designs Design Patent Application 128

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

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IP Copyright Trademark Intellectual Property 124

Kashishipr

JULY 7, 2021

The secret can be technical, like manufacturing processes, pharmaceutical test data, designs, and drawings of computer programs, or it can be commercial, like distribution methods, a list of suppliers and clients, and advertising strategies. The trade secret must contain information not known to the public, which makes it a viable secret.

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Patent Intellectual Property Invention Patent Law 105

TorrentFreak

MAY 13, 2022

Sony, Universal, and Warner, for example, aren’t releasing new movies or music but existing contracts are being honored, meaning that older content is still licensed and legally available. Russia’s ‘Special Licensing Operation’ The Kremlin’s solution to the country’s content crisis is already underway.

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Licensing Cinema Music Intellectual Property 140

IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § 7, 1999, was a commercial offer for sale of a product embodying the claimed design. Medical Components, Inc. , 2021-1649 (Fed. Wells Elecs., 55, 67–68 (1998).

Designs 52

Designs Design Design Patent Contracts 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Kashishipr

JUNE 30, 2021

Modularity allows firms and companies with complex technical systems to divide the components therein, called the modules, which are capable of being designed independently, but to function, they need to be looked at together as a whole. The concept focuses on the notion of distributed innovation in the contemporary global economy.

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Intellectual Property IP Designs Design 111

Dear Rich IP Blog

JULY 14, 2021

How do I include royalties from a very successful toy I invented. You should have no problem bequeathing your royalties, as well as any other rights you have to the toy design in your estate plan. Dietmar Rabich , Borkum, Alter Leuchtturm, Dear Rich: I'm in the middle of planning my estate and I'm doing my own will.

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Contracts Invention Licensing Designs 52