Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for not filing a patent? Will the innovation work?

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? 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. Let’s look at some smart ways to patent a medical device. Design or utility patent?

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IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)

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SpicyIP

MARCH 7, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. Sukarm is an undergraduate law student at NLSIU, Bangalore. Microsoft v.

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IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

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SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. The patent office issued a first examination report in June 2019, (7 years later!)

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Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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Patently-O

MAY 15, 2024

Although Dick/Edison had patented the machine, they were an early adopter of the subscription model and wanted to also be the exclusive seller of copying supplies. Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement.

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SpicyIP

JULY 13, 2023

In Societe Des Produits Nestle Sa vs The Controller Of Patents and Design and Anr. , the Delhi High Court noted that the patent granted by the EPO had a persuasive effect in favour of the grant of the Indian Patent Application since there was a corresponding patent granted by the EPO with the same prior arts.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

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. Who can file a patent application? Indian Patent Act restricts the patent acts of new plant breed.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees. With respect to patent matters, this increase will not apply to businesses qualifying as a “small entity” under the Patent Rules.

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The IPKat

AUGUST 1, 2023

2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

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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 recommends working with a professional for the search and not offshoring the process.

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Patently-O

MARCH 10, 2022

Cirrus Design ( Fed. Hoyt Fleming is a patent attorney, and former Chief Patent Counsel for Micron. Fleming sent a copy of his pending patent application to Cirrus who apparently then released a new aircraft embodying his patented design.

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IP and Legal Filings

DECEMBER 1, 2021

Patents are the core asset generator for various industries. Industries and companies earn a lot through licensing and assigning patents. The license and assignment of patents are common practices in the market which makes the licensor earn millions of royalties. Image Source: gettyimages].

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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. Apple Retail UK Ltd.

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LexBlog IP

MARCH 31, 2022

The new combined petition option (and the original petition option) offers an easy path to expedite initial examination of a patent application under “special” status without incurring government fees or fulfilling other requirements under 37 CFR § 1.102. The Expanded CSP program is currently active through Oct.

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IP Intelligence

MARCH 31, 2022

The new combined petition option (and the original petition option) offers an easy path to expedite initial examination of a patent application under “special” status without incurring government fees or fulfilling other requirements under 37 CFR § 1.102. The Expanded CSP program is currently active through Oct.

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Patently-O

FEBRUARY 20, 2022

Stephen Warwick: Apple and Ericsson’s Massive Patent Dispute is Going to Trial Next Year (Source: iMore). Philip Blenkinsop: EU Launches WTO Dispute Against China Over Telecom Patents (Source: Reuters). Wendell Roelf and Julie Steenhuysen: Moderna Patent Application Raises Fears for Africa COVID Vaccine Hub (Source: Reuters).

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Patently-O

MAY 2, 2022

The original patent application was filed Feb 9, 2021 –one year and two days later and outside the one year grace period. ” On appeal, the Federal Circuit found that those contract provisions do not necessarily indicate any intent to experiment with the system design or to ensure that the invention works.

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Patently-O

DECEMBER 21, 2022

What happened : Falzoni designed an improved neck while working for his Italian packaging company SACMI. SACMI then proposed the design to various US parties, including Plastipak. As part of that process, Falzoni emailed a 3D model of the design to Darr. The prior art being overcome is found in the middle (Fig 1).

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The IPKat

FEBRUARY 6, 2022

The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system.

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LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation. The post The Patents Amendment Rules, 2023.

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Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Further, such sale may also conflict with the existing licensing agreements with regard to the concerned intellectual property, should there be any.

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IP Intelligence

MARCH 16, 2022

1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. In that iteration, the patent holder was to be notified of the “taking” and offered proper compensation.

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Patent Trademark Blog

FEBRUARY 3, 2022

A patent can be both a sword and shield. Defensively, a patent blocks future applicants from patenting the same invention. Offensively, a patent can be enforced to pursue licensing or to stop competitors from infringing. In this post, we’ll look at what makes for a good utility patent on offense.

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Patent Trademark Blog

FEBRUARY 3, 2022

A patent can be both a sword and shield. Defensively, a patent blocks future applicants from patenting the same invention. Offensively, a patent can be enforced to pursue licensing or to stop competitors from infringing. In this post, we’ll look at what makes for a good utility patent on offense.

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LexBlog IP

MARCH 25, 2022

This period of exclusivity lasts for 20 years from the date the patent application was filed. The patent examiners are government employees who are responsible for ensuring that all patent applications meet the requirements for patent rights to be granted. A lesser known stakeholder is the licensee.

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LexBlog IP

APRIL 8, 2022

On 7 March 2022 a decree of the Russian government took effect, announcing that compensation need not be paid for the unauthorised use of Russian patents, utility models and designs to rights holders connected with foreign countries committing “unfriendly acts” against Russian legal entities and individuals.

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LexBlog IP

MARCH 30, 2023

In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation.

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Dragons' Den

APRIL 6, 2023

It’s also important to remember that once you file a patent application, the clock starts ticking, and normally you get 12 months from filing your first application to file any other applications around the world for the same invention. Designs can last up to 25 years from the date of application.

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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.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. For startups in the digital age, copyrights are particularly important in safeguarding software programs and applications.

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SpicyIP

SEPTEMBER 25, 2023

2023 (Delhi High Court) Delhi High Court granted an interim injunction to the plaintiff against unauthorized use of its mark “Burger King”, the Crescent Logo Design and Hamburger Refresh Design Logo. Other Developments Delhi High Court records evidence by live transcription in patent infringement suit. Swapnil Patil & Ors.

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IIPRD

AUGUST 31, 2022

Buyers are primarily concerned that they acquire exclusive, unencumbered, and marketable title and/or a valid license to all of the seller’s IP necessary to exploit the divested business or assets. There are no challenges to the purchased/licensed IP and it shall enjoy the freedom to operate with respect to the divested business or assets.

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Patent Trademark Blog

MAY 10, 2023

What is the purpose of a provisional patent application? To know how to write a provisional patent application (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective.

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