The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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Litigation Copying Copyright Designs 143

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v.

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Trademark Invention Patent Art 126

Canadian Intellectual Property Blog

JUNE 15, 2021

Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it. These types of considerations are protectable through patents or trade secrets.

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Designs Design Intellectual Property Registration 52

The IPKat

AUGUST 16, 2023

Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. There has been a lot of excitement about whether an AI can be formally designated as an inventor.

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Invention Inventor Branding Brands 52

SpicyIP

JULY 31, 2023

Gaurangi writes on the recent DPIIT public notice restraining Copyright Societies from violating Section 52(1)(za), remarking how it falls short in clarifying the present situation and may be susceptible to further litigation. The suit design was a “Handi” shaped pressure cooker registered in favor of the plaintiff. Hollow Victory?

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Designs Design Invention Intellectual Property 98

SpicyIP

FEBRUARY 27, 2024

This post will analyse the SB’s insights and the implications this judgement has on product-by-process patents given the recent trends of the DHC on the matter in the past year. Factual Basis of the Matter Arthrogen GMBH submitted a patent application for a method involving the use of gold particles to produce protein-enriched blood serum.

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Patent Patent Application Invention Reporting 105

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

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Patent Application Invention Designs Design 95

IP Watchdog

SEPTEMBER 7, 2021

DABUS generated outputs corresponding to (1) a fractal design for food container surfaces that may help prevent stacked containers from sticking together and (2) a technique for controlling the timing of flashing warning lights to help attract attention.

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Inventor Patent Invention Patent Application 117

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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Patent Invention Patent Application Government 52

LexBlog IP

JULY 31, 2023

Recently, Yuri Eliezer was invited to share his insights on the Conscious Design Podcast , hosted by Ian Peterman. This podcast brings together thought leaders from various fields to discuss the future of design and its impact on our world. He also suggests keeping some parts of the invention as trade secrets.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

Patent Trademark Blog

JUNE 20, 2023

The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application. This principle applies whether the work is coming from a hourly or flat rate patent attorney.

Patent Application 52

Patent Application Patent Art Designs 52

SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

Designs 105

Designs Design Invention Registration 105

Patently-O

OCTOBER 7, 2022

Zahner Design Group v. D746,078 (Patent being litigated). Zahner’s Design Pat. D746,078 covers the ornamental design of a shower curtain as shown in the figures above. The examiner found some great prior art from 2013, which predates this particular design application filing date. Images below).

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Design Patent Designs Design Patent 77

LexBlog IP

MAY 24, 2023

At the outset, the European Unitary Patent will be enforceable in the 17 States that have ratified the agreement between the EU and the EPO: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.

Patent 52

Patent Intellectual Property Patent Application Invention 52

LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Below is helpful information about patenting an invention.

Patent 40

Patent Invention Design Patent Designs 40

LexBlog IP

DECEMBER 21, 2023

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

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Patent Drafting Patent Invention Inventor 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.

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Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

MARCH 29, 2024

Third, patentability of a method of agriculture- the issue of Section 3(h). The Factual Matrix Mitsui Chemicals (Appellant) filed a patent application in India through the PCT route in 2009. The application claimed priority from a Japanese application and the PCT claims was directed towards- “1. Let’s dive in.

Invention 52

Invention Patent Application Patent Copying 52

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. The defendant asserted that the invention lacked novel hardware and was primarily software-based, making it ineligible for patent protection. What’s the best way forward? Roshan Santhalia shares his perspective.

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Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? Intergrow Brands Pvt.

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Trademark Advertising Advertising Copyright 45

LexBlog IP

MAY 16, 2023

Whether you view him as a brilliant inventor or a misguided genius, there’s no denying that Midgley’s inventions offer a compelling case study for any intellectual property guru. The Inventions Born in 1889, Midgley was a mechanical engineer and chemist. Thomas Midgley Jr. serves as a fascinating case study.

Intellectual Property 52

Intellectual Property Inventor Patent Invention 52

Kashishipr

MAY 5, 2021

The maximum number of cases are witnessed in the software industry wherein statistics project that as many as 74 percent of the patents issued are being litigated. They also pursue patent infringement claims that are unsubstantiated with the intent of stifling competition.

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Patent Troll Patent Inventor Intellectual Property 98

The IPKat

APRIL 2, 2024

In total 19 patents were litigated, with eight being held valid, and seven valid and infringed. Mellor J ordered payment on past sales and held that limitation periods do not play a part in FRAND litigation. Previously, SEP owners were keen to litigate in the UK. The court ordered a lump sum of $139 million.

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Reporting Patent Invention Litigation 62

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Trademark Registration Copyright Patent 59

Patent Trademark Blog

MARCH 18, 2022

When it comes to new ideas, we’re talking about inventions. And inventions can be protected with patents. Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. How much does IP cost?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Microsoft Technology Licensing LLC v.

Trademark 59

Trademark Invention Licensing Patent 59

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

Patent Trademark Blog

MARCH 30, 2022

Roughly 90% of utility patent applications will get rejected at least once. When it comes to utility patent applications, rejections come with the territory. Expect at least one Office Action in your nonprovisional patent application. How will such a claim amendment affect your potential patent rights?

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Patent Application Art Patent Invention 52

Patently-O

DECEMBER 7, 2023

As covered in previous posts (here and here), the patent applicant has appealed PTAB rulings that its biotech antibody claims lack sufficient written description support. ” The patent applicant appealed both of these written description rejections to the Federal Circuit.

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Patent Application Patent Inventor Invention 49

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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Licensing Litigation Technology Patent 105

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? In our new paper, The Patent Law Origins of Science Fiction , available at [link] , we show that science fiction as a literary form was originally premised on the idea that works of science fiction are like patents. University of Minnesota Press 2016).

Patent Law 95

Patent Law Law Inventor Patent 95

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date. Final Rules for Trials before the Patent Trial and Appeal Board.

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Litigation Settlement Patent Public Use 52

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

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Registration Trademark Copyright Music 105

LexBlog IP

JANUARY 25, 2023

Biological drugs are larger and more complex than small molecule drugs so they give rise to interesting inventions and patent strategies. Double-patenting is exactly what it sounds like: the practice of claiming the same or an obvious variation of an invention in more than one patent.

Patent 52

Patent Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

Intellectual Property 52

Intellectual Property Technology Journalism IP 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. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52