Patent Trademark Blog

MARCH 6, 2024

Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications. Need to patent a medical device?

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IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

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Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

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Patent Trademark Blog

JANUARY 18, 2023

Besides software patents, ineligible subject matter can also arise in design patent applications. Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. appeared first on Patent Trademark Blog | IP Q&A.

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. ” Some of THC’s intellectual property include designs of the terms WHOA!, THC also owns a California state trademark registration for its WHAM! trademark on the packaging of its cannabis products.

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Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. The NPRM would also hike design patent filing and issuance fees. It is unclear how this proposal benefits the USPTO.

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SpicyIP

OCTOBER 27, 2023

These unethical UI/UX interactions mislead users to perform actions they don’t want, benefiting the company or platform. Forced action is when a company forces consumers to take an action they wouldn’t otherwise, such as signing up for ancillary services or products. Example: ‘No thanks, I hate saving money’ 5.

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IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

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TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. a utility, plant, or design application).

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IP Intelligence

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. In plain speak, the Russian government ostensibly used its invasion of Ukraine to declare war on patents from the 47 “unfriendly” countries, including the United States.

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Patent Intellectual Property Government Invention 96

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

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. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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The IPKat

JANUARY 13, 2022

While the tokenization of IP, namely for anti-counterfeiting purposes , was already outlined by the European Intellectual Property Office several years ago, WIPO sees potential applications of blockchain technology in IP ecosystems for "[a]ll types of IP assets: Registered and Unregistered Rights".

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LexBlog IP

NOVEMBER 17, 2022

On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). Request 3 : Possible Creation of a Separate Design Patent Practitioner Bar.

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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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LexBlog IP

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. 2] We continue to watch these developments closely, including the expectation that a similar decree will issue in the coming days regarding trademarks.

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Patent Trademark Blog

JUNE 20, 2023

Before asking about price, you need to understand what you are getting in a utility patent application. Figure out the benefit of a utility patent application to be drafted by a particular patent attorney before asking about price. How much does a flat rate nonprovisional utility patent cost?

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More Than Your Mark

SEPTEMBER 3, 2021

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. The Choice: To Patent the Secret or to Keep the Secret a Secret.

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same. Image from here. The Shape of Shape Marks in India. Call for Papers/ Submissions . 13 [Submissions by December 30, 2022].

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43(B)log

FEBRUARY 23, 2024

But the flipside is that it’s seen in light of what the Office needs to worry about. There have been problems with defenses; the Office doesn’t have to worry about infringement, so nothing changes. Volume of decisions by hearing officers: registrability decisions have first mover advantage.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

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Technology Patent IP Invention 52

Patent Trademark Blog

FEBRUARY 6, 2023

With the help of a patent attorney, can you show it in words and drawings that would sufficiently teach others in this field how to practice your invention? When do you need to patent an idea? Patent deadlines are critical. Unlike filing trademark and copyright applications, deadlines for filing patents are much less forgiving.

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Patent Application Patent Designs Design 98

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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SpicyIP

JUNE 17, 2023

He shares a keen interest in Patent related issues and wishes to discover more in the field of IP. In part I, Anshuman discusses the ‘Open House’ sessions on Patents (June 7) and Designs, GI and Copyright (June 9) and part II of his post will discuss the session on Trademark (June 12) along with his takeaways.

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SpicyIP

JANUARY 23, 2023

Differentiating the right to privacy and the right to anonymity, the court held that a tussle between RTBF and public interest needs to be settled mainly through legislative action and, in some cases, by Courts using a balancing exercise. Novartis patent set aside on procedural grounds by Delhi High Court.

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Patent Trademark Blog

JUNE 8, 2023

Excuse 1: Your Patent Application Has Been Rejected (for the first time) It can be frustrating to have your patent application rejected by the USPTO. Before firing your patent lawyer, recognize that Office Actions are normal in utility patent applications. We bill flat rate patents and fixed fee trademarks.

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LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

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Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. In Microsoft v.

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Patently-O

DECEMBER 28, 2022

The company also owns a design patent covering the product. The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). Is Dryson required to bring them all together in one action?). More facts for next question : Dryson filed the action as noted above.

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43(B)log

FEBRUARY 3, 2024

At the Trademark Office [I feel like there’s a Panic! months first action pendency in 2017. Gilden: the patent side has categories for, e.g., devices for genital massage. Why the difference between patent & TM sides? PTO did a lot of work on the patent side. At the Disco joke to be made here.]

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). 20 although such technologies may face additional hurdles related to the prohibition on patenting abstract ideas.

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