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. From a policy perspective, pre-grant oppositions are excellent policy.

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Patent Patent Application Government Reporting 52

Patently-O

MAY 21, 2024

It remains to be seen whether those traditional design patent considerations will continue. As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued.

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Design Patent Designs Design Patent 118

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. The benefits of patenting are manifold.

Patent 52

Patent Intellectual Property Ownership Invention 52

LexBlog IP

DECEMBER 6, 2021

A trademark cannot be used to protect an invention, coding, or software program. Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”).

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech alleges that it did not use Moderna’s patented technology in its vaccine but instead uses a different mRNA structure and different lipids in the delivery system. Moderna claims that Pfizer/BioNTech’s reference to work done by other scientists is an attempt to distract from the issue of infringement.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. 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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

The IP Law Blog

JUNE 9, 2022

In order to obtain a design patent, the applicant must file a patent application. The patent application consists of a set of detailed drawings of all views of the article showing the design. If a design patent application is allowed, the design patent has a term of 15 years from the date the patent issues.

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Design Patent Designs Design Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. PDF copy available. Inventorship in the US is a critical component of patent ownership.

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Patent Prosecution Invention Inventor Patent 75

LexBlog IP

SEPTEMBER 8, 2021

Patent and Trademark Office gave away process patents like candy. In reality, what is patentable is set out by statute. patent world into a tizzy. For inventions that may encompass software or scientific processes, the invention must not be an abstract idea.

Patent 52

Patent Invention Intellectual Property Inventor 52

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? The US, the European Patent Office, and Australia all have considered this question. DABUS made inventions. 7 provides: "Right to apply for and obtain a patent. (1)

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Inventor Invention Intellectual Property Patent 93

LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

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Trademark Invention Licensing Patent 59

SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

OCTOBER 7, 2023

Huawei to determine global FRAND rates, even where some of the parties did not agree to its jurisdiction or had initiated FRAND rate determination proceedings in Chinese courts, appears to challenge the territorial and statutory nature of patent law. Pertinently, a patent is not a right to practice, but a right to exclude.

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Licensing Litigation Technology Patent 105

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. It also talks about suggestions that such copies are too trivial/de minimis to qualify as infringement.

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IP Intellectual Property Reporting Government 98

LexBlog IP

MARCH 27, 2023

Patents: Inventorship Can an AI, such as ChatGPT, invent? No, according to various patent offices and patent laws around the world. Patent law requires at least one human inventor. For example, under U.S. ” 35 U.S. Code § 100(f). See Thaler v. Vidal , Case No. 2021-2347 (Fed. See 35 U.S.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52