The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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Intellectual Property Designs Design Intellectual Property Law 73

The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

Patently-O

APRIL 17, 2024

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 § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 114

False Advertising Advertising Advertising Patent 114

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

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Design Patent Designs Design Patent 52

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patent Law Law Inventor Patent 95

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. Another area that sees substantial changes is the design system.

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Patent Invention Patent Law Designs 52

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness.

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Designs Design Advertising Advertising 96

Patently-O

FEBRUARY 13, 2024

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict. Google LLC , No. C 20-06754 WHA, 2023 WL 6542320 (N.D.

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Patent Patent Prosecution Patent Law Marketing 98

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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Patent Inventor Invention Intellectual Property 92

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

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Intellectual Property Designs Design Invention 98

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

Law 52

Law Patent Settlement Inventor 52

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

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Design Patent Patent Patent Application Designs 52

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

Patent 52

Patent Licensing Intellectual Property Technology 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. This isn’t limited to logo design. AI isn’t perfect.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

FEBRUARY 6, 2022

Best Patent Law Book The nominations were: EPC.App and PCT.App (Self-editable EPC and PCT reference books) Patent Subject Matter Eligibility: A Global Guide, (eds) Paul W Browning, Christopher C Johns and Sara A Leiman The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA, by Jorge L.

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Intellectual Property Editing Copyright Law Intellectual Property Law 145

SpicyIP

FEBRUARY 23, 2023

Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity. Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India.

Marketing 126

Marketing Marketing Invention Patent 126

SpicyIP

NOVEMBER 8, 2023

Market dynamics in the health and innovation space are making the biotech and life sciences sector an industry to watch out for. Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. [This post has been co-authored with Rahul Bajaj.

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Invention Patent Art Patent Law 69

Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This result is by design to ensure more national uniformity in application of the U.S. patent laws. SAP responded with denials and also added patent infringement counterclaims.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

The IPKat

AUGUST 14, 2023

Dr Emmanuel Oke ’s book, Patents, Human Rights, and Access to Medicines (Cambridge University Press, 2022) examines the resolution of the tension between patent rights and the right to health through the lens of the decisions of national courts and tribunals in Kenya, India and South Africa.

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IP Designs Design Patent 95

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

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Invention Art Patent Designs 58

LexBlog IP

NOVEMBER 15, 2022

patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer. As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products.

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Cease and Desist Design Patent Patent Designs 52

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Branding 52

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Copyright? What Is a Trademark?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

SpicyIP

OCTOBER 7, 2023

We highlighted the following problems, (i) Over-Declaration and Supra-FRAND rates by SEP holders, (ii) Patent Hold-Out by Implementers, (iii) Difficulties in setting Global FRAND rates by national courts, (iv) Informational imbalances between negotiating parties, and (v) lack of awareness about nuances of SEP/ FRAND.

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Licensing Litigation Technology Patent 105

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.” 35 U.S.C. §

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Branding Brands Branding Marketing 87

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

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Intellectual Property Law Business Designs 52

Intepat

MAY 30, 2023

Recent developments In the year 2019, DRDO modified its Intellectual Property Rights (IPR) policy to grant the Indian industry royalty-free access to patents for the technologies developed by it and detailed guidelines on the subject have been issued. No promoter or director of the applicant entity should have been a willful defaulter.

Patent 52

Patent Licensing Intellectual Property IP 52

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. Its patents at issues here relate to a polymer having a high melt flow to allow high-speed extrusion to cover electrical wires. Patent Nos. Kaulbach prior art patent. by Dennis Crouch. The new Chemours Co. Chemours Company v. Daikin Industries ( Fed.

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Invention Art Marketing Marketing 126

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

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IP Branding Brands Branding 132

The IPKat

AUGUST 19, 2021

Patents SpicyIP discussed the Indian’s Parliament Standing Committee’s recommendations concerning AI and patent protection. The Report accordingly recommends amending Indian patent law, to make AI-generated works and AI solutions patentable. Kluwer Trademark Blog reported here on this ruling.

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Blogging IP Privacy Reporting 62

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patent Invention Inventor Technology 52

Patently-O

MARCH 28, 2024

The Motivation to Combine: In patent law, the “motivation to combine” doctrine plays a central role in determining whether a claimed invention is obvious under our guiding statute, 35 U.S.C. § If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability. Teleflex Inc. ,

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Art Invention Patent Patent Law 58

Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING. 208 (2014).

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Inventor Marketing Marketing Patent 74

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. 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

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S Designs or patterns that are created to stitch or print into textiles are protected with the help of design acts in several countries.

Designs 71

Designs Design Artistic Work Technology 71

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. ” The decline in MPF claims can be linked to several legal decisions and changes in patent doctrine.

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Invention Patent Application Technology Patent 63