The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. 10x Genomics alleged that NanoString's commercial molecular imaging devices and detection probes directly and indirectly infringed the patent.

Invention 57

Invention Art Patent Licensing 57

The IPKat

MAY 18, 2024

For instance, the South Centre advocated for clarity that the disclosure requirement would apply to digital sequence information, whilst the Innovation Council emphasised the need for legal certainty and that the instrument "should not create undue burdens for patent users and offices." The provision would not be retroactive (Article 5).

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Reporting Intellectual Property Invention Patent Application 124

The TTABlog

JANUARY 9, 2023

The key question is, of course, how the consumer perceives the proposed mark. However, the starting point for registration is the statutory definition of a trademark. A word that fails to distinguish goods or services does not meet the statutory definition of a trademark, and thus cannot be registered. 15 U.S.C. §§ 1051, 1127.

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Trademark Social Media Registration Copying 140

LexBlog IP

APRIL 18, 2023

An often critical issue in determining patent infringement is how many of a specified claim element are required by the claim. How can the careful prosecutor ensure the interpretation he or she wants? One way is to provide a definition in the specification. Thousands of patents do. In KCJ Corp. 3d 1351 (Fed.

Patent 52

Patent Patent Infringement Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional. [I will blog the NetChoice v.

Social Media 125

Social Media Privacy Law Government 125

LexBlog IP

FEBRUARY 25, 2024

The United States Patent and Trademark Office (USPTO) last week issued inventorship guidance for artificial intelligence (AI)-assisted inventions. How can AI assist with innovation, and how will this guidance help you secure your intellectual property? So what’s a patent applicant to do? Face of cyber mind.

Invention 52

Invention Inventor Intellectual Property Patent Application 52

Patently-O

APRIL 25, 2023

I want to also thank the prior speakers who have done a great job laying out many of the issues. My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. In this case, researchers patented a genus of monoclonal antibodies, but the antibodies’ amino acid sequences were not designed by humans.

Invention 126

Invention Inventor Patent Intellectual Property 126

LexBlog IP

APRIL 12, 2023

recently argued before the United States Supreme Court, and which presented the question of whether one could understand the language of the Lanham Act to apply outside the United States in some manner, i.e. does it have extraterritoriality and how do we define “commerce”? Eset, LLC, a patent case. Vitronics Corp.

Law 52

Law IP Intellectual Property Copyright 52

Erik K Pelton

MAY 28, 2024

1] Moreover, according to a 2013 report from WIPO, small and medium-sized enterprises rely more heavily on trademarks than patents. [2] Many goods or services are described well in the ID Manual. Notably, many of the “[r]equirements for a base application” are not affected by the number of classes in an application.

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Registration Trademark Business Reporting 147

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

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Patent Application Reporting Public Domain Patent 141

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The Patent Box was introduced in Italy in 2015. 50 of 24.4.2017).

Designs 70

Designs Design Patent IP 70

SpicyIP

JULY 3, 2022

In this class, we will continue our reverie-ish raking of ‘R- Right’ in IPR to see how the overlapping meanings of the term ‘Right’ can obscure our understanding. But still, I don’t know what is and how to understand what a ‘right’ is? creating many internal conflicts with the commodification of knowledge. Image from here. (

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IP Intellectual Property Government Invention 119

Patently-O

MAY 11, 2023

Chief Judge Moore’s order, for its part, noted that Judge Newman wrote many fewer majority opinions than her colleagues over the past few years. And, because many of the relevant events occurred behind closed doors, we might never know for sure what’s been happening. Yet Judge Newman wrote barely 2% (9 of 387).

Reporting 121

Reporting Litigation Law Government 121

Patently-O

SEPTEMBER 20, 2022

Many of us are hung-up on the notion that inventorship requires “conception in the mind”–a feat perhaps beyond any computer today. Ono help us understand how it might work. Thaler has been attempting to seek patent protection for two inventions created by DABUS, his AI computer. Cases like Dana-Farber v.

Inventor 81

Inventor Invention Patent Law Patent 81

Patently-O

MAY 18, 2022

Citrix , Patently-O (March 30, 2022). Williamson eliminated that strong presumption in favor of a weak rebuttable presumption that can be overcome with a demonstration “that the claim term fails to recite sufficiently definite structure or else recites function without reciting sufficient structure for performing that function.

Invention 59

Invention Art Patent Designs 59

43(B)log

FEBRUARY 3, 2024

Search codes for images are very useful; many poop marks are applied for, but there is no poop codes; since there’s no search code, you will have higher prosecution and maintenance costs. Gilden: the patent side has categories for, e.g., devices for genital massage. Why the difference between patent & TM sides?

Designs 59

Designs Design Law Design Patent 59

Patently-O

APRIL 27, 2022

In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But it is not—and should not—be the role of the design patent system to incentivize or protect new machines. We have utility patents for that.

Design Patent 69

Design Patent Designs Design Patent 69

Erik K Pelton

MARCH 11, 2022

Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. Patent and Trademark Office as a trademark examiner, EMP&A has registered more than thirty-five hundred U.S. ” More than 100 comments were submitted. They can all be found at [link].

Government 147

Government Business Trademark Blogging 147

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Seems like a lower bar for entry for design patent than TM protection. Lowry: For many people/products, the first few years are the only years that matter, and design patents are a tool for that.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

Patent Law 70

Patent Law Law Patent Invention 70

The IPKat

DECEMBER 20, 2023

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. The decision may further help elucidate to the confused US attorney why their European colleagues continue to fill patent drafts with so-called US "patent profanities".

Patent 109

Patent Invention Patent Drafting Patent Application 109

Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. Consistent with the USPTO’s general drawing rules, the patent disclaims all matter shown in broken lines “form[] no part of the claimed design.”.

Design Patent 98

Design Patent Designs Design Patent 98

LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

Inventor 52

Inventor Patent Invention Patent Application 52

LexBlog IP

JANUARY 31, 2023

Desmond Tan is a patent attorney registered to practice in Singapore and has a background in engineering. Mr. Tan is a partner at FPA Patent Attorneys IP ([link] and may be reached at desmond.tan@fpapatents.com.sg patent attorney and moderator of this Blog, PatentNext. Is the patentability of computer programs per se allowed?

Invention 52

Invention Patent Intellectual Property IP 52

Erik K Pelton

AUGUST 18, 2020

One of the most popular questions I get asked among new or prospective clients is about filing at the US Patent and Trademark Office (USPTO) for a word versus a logo. And because that logo is creative and very good, it’s definitely worth protecting separately.

Trademark 130

Trademark Social Media Branding Brands 130

Trading Secrets

JANUARY 19, 2023

A message or text file is usually left with instructions on how to contact the attacker to pay a ransom for the decryption key. By definition, ransomware attacks gain access to the internal systems maintained or owned by a business. Intellectual Property Many companies maintain their “secret sauce” as a trade secret.

Privacy 59

Privacy Intellectual Property Business Publishing 59

Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. Since the patent particularly consisted of software, the lack of novel hardware resulted in refusal of the patent grant. The second stage to this argument pertains to how to assess such an invention.

Invention 52

Invention Patent Technology Designs 52

IPilogue

JULY 23, 2021

This podcast series will definitely appeal to a more niche audience. For anybody interested in both IP law and the cannabis industry, host Jenn Procacci and patent attorney and plant scientist Dr. Dale Hunt delve into IP protection for cannabis breeders. . Jurassic Patents” by IP Goes Pop!

Non-Fungible Tokens 106

Non-Fungible Tokens IP Law Intellectual Property 106

SpicyIP

JANUARY 4, 2024

This is a well appreciated move especially considering that many IP matters are highly technical in nature. However, it is suggested that the court should also accommodate to hear any other person like a patent agent, academician, etc. However, this clarification is required for the definition clause for appeals as well.

IP 69

IP Intellectual Property Copyright Copying 69

azrights

AUGUST 11, 2022

One common trait these AI platforms share is that they first need to learn how to simulate human thinking. The AI platform then puts some rules in place by which to decide how to generate an image of a cat when a user prompts the word ‘cat’. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s.

Copyright 97

Copyright Due Diligence Designs Design 97

Patently-O

JUNE 20, 2023

These investigations patent, trademark, or copyright violations caused by trade importation into the US. And, patent holders have been able to rely upon uses of their technology licensees as evidence of a domestic industry. Likewise, R&D may also satisfy the requirements. — i.e., non practicing entities.

Intellectual Property 63

Intellectual Property Licensing Confidentiality Patent 63

The IPKat

JANUARY 7, 2024

The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will approach patent claim interpretation. The patent related to an electronic label for providing pricing information about a product to a consumer.

Patent 97

Patent Law Contracts Invention 97

The IPKat

JULY 7, 2023

Its main objectives were to consider the Constitution of the Metaverse and how the Proto-Metaverse and Videogames have changed the Creative Industries in the Interactive Entertainment sector. Indeed, it defined this aspect as the possibility to replicate how things operate in the real world in order to be used in a virtual one.

Reporting 86

Reporting Music IP Intellectual Property 86

SpicyIP

OCTOBER 26, 2022

we should discuss this stuff today … about patents, drugs, and health care, please! Antilegend: Indeed, IP has several very significant interfaces with the health arena, and truth be told, there are many bitter pills to be swallowed once you start looking more closely. Confused face). Antilegend: No, that’s different.

IP 118

IP Invention Patent Marketing 118

The IPKat

MARCH 7, 2023

Here's what Giorgia and Daniele write: “Say Thanks to a Woman”: How Patents Can Help You! In reality, as Marge points out, women should be credited for many important inventions we have been using for years, most likely without knowing who was behind these. In 1715 the patent G.B. Katharine Burr Blodgett and.

Invention 143

Invention Patent Inventor Designs 143

LexBlog IP

JANUARY 19, 2023

A message or text file is usually left with instructions on how to contact the attacker to pay a ransom for the decryption key. By definition, ransomware attacks gain access to the internal systems maintained or owned by a business. Intellectual Property Many companies maintain their “secret sauce” as a trade secret.

Privacy 52

Privacy Intellectual Property Business Publishing 52

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. First Time Interpreting Patent Agent Privilege.

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IP Copyright Infringement Inventor Intellectual Property 106