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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under ยง 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Once Again, Generic Computer Systems That Do Routine Functions are Not Patentable!

The IP Law Blog

Patents protect inventions. However, patents protect only certain inventions. In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter. There are some things that are not patentable (i.e.

Patent 95
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How to review a draft patent application and provide useful comments

Patent Trademark Blog

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. How should you review patent drawings?

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10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]

SpicyIP

We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this yearโ€™s competition surrounding patent law and incremental innovations. This edition of the competition is based on patents. This edition of the competition is based on patents.

Law 98
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Copyright Registration: Who, What, When, Where, and Why

Erik K Pelton

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. When the Library of Congress reviews a copyright application, they don’t do the same kind of in-depth substantive review that the USPTO does for a patent or trademark filing.

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Generative AI and Copyright

IP and Legal Filings

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. And if someone substantially edits AI-generated data and claims copyright on the edited work, they could potentially qualify for copyright protection.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Antonios Baris reviewed the book, Propriรฉtรฉ intellectuelle et dรฉveloppement durable / Intellectual Property & Sustainable Development , edited by Prof. This edited collection addresses the relationship between sustainability and the different IP โ€œecosystemsโ€, including patents, trade marks, copyright, and unfair competition law.