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?

Patent Application 40

Patent Application Patent Design Patent IP 40

IP Close Up

OCTOBER 19, 2021

Publication of a patent filing from Apple suggests the company could be working on a ‘expandable’ phone design with a rollable screen. The patent indicates Continue reading.

Patent Application 92

Patent Application Patent Designs Design 92

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

LexBlog IP

MARCH 6, 2023

1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. The Court found the patented design was for a product traditionally used with tobacco even though it could be used with cannabis. 1] The asserted patents were: U.S.

Litigation 52

Litigation Patent Design Patent Patent Application 52

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

Invention 122

Invention Inventor Patent Application Designs 122

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

LexBlog IP

SEPTEMBER 28, 2021

The September 20, 2021 scheduling order sets trial for August 2022 on the infringement, validity and enforceability of the following ten patents (“the Ten Patents”): U.S. Patent Nos. 6,805,686; 8,926,975; 8,961,973; 8,999,337; 9,067,992; 9,085,619; 9,187,559; 9,512,216; 11,083,792; and the patent issuing from U.S.

Litigation 40

Litigation Reporting Patent Application Patent Infringement 40

IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

Inventor 97

Inventor Patent Application Designs Design 97

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.

Patent Application 95

Patent Application Invention Designs Design 95

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. Here's what you missed.

Invention 52

Invention Inventor Branding Brands 52

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

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.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

Patent Trademark Blog

MARCH 13, 2024

This will likely involve a noninfringement review by a patent attorney with experience in patent infringement litigation. Utility patents are generally more complicated to review than design patents. Noninfringement of a design patent boils down to the appearance.

Patent Infringement 52

Patent Infringement Cease and Desist Patent Design Patent 52

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).

Design Patent 76

Design Patent Designs Design Patent 76

LexBlog IP

SEPTEMBER 15, 2022

The program allows patent applicants to advance a patent application out-of-turn such that a determination can be made within 12 moths of filing. That is, like a Lightning Lane of sorts (for you Disney fans) to skip the typical wait times for patent examination. ” In theory, it is a great idea.

Litigation 52

Litigation Patent Application Designs Design 52

SpicyIP

SEPTEMBER 11, 2023

First thing first, let’s unfold the case: The case involves a writ petition challenging the abandonment of a patent application and praying for its restoration. Here, the background is that the Petitioner hired Mr. Naveen Chaklan of M/s Delhi Intellectual Property LLP to deal with his patent application.

Government 105

Government Trademark Patent Patent Application 105

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.

Inventor 117

Inventor Patent Invention Patent Application 117

LexBlog IP

FEBRUARY 14, 2024

The guidance also notes that even though patentability may be allowed even where the AI system is “instrumental” in the creation of the claimed invention, the requirement for a significant contribution from a human inventor applies to each and every claim of the patent application. The firm also ranks No.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A Patent is granted for any product or process invention for a period of 20 years. In order to apply for a patent, it is essential to file a patent application under the Chapter III of the Patent Act. The drafting of a patent application requires immense knowledge of science, law, and language.

Patent 52

Patent Invention Patent Application Government 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

The Fellows program launched in 2011 and was designed for lawyers with eight to 15 years of experience. Pathfinders is a seven-month professional program designed to train high-performing, early-career attorneys on foundational leadership- and relationship-building. “I and international patent prosecution. Mok received his J.D.

Patent Prosecution 52

Patent Prosecution Litigation Designs Design 52

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law.

IP 76

IP Reporting Designs Design 76

Patent Trademark Blog

APRIL 5, 2022

While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

LexBlog IP

MAY 8, 2023

Trademark application – U.S. and abroad: This essential step strategically files word marks and design marks in the U.S. Copyright application: Copyrights are a powerful, inexpensive way to cover any creative work and they’re enforceable overseas. Design patent filing – U.S.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.

Art 123

Art Branding Brands Branding 123

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. Katfriend Marijus Dingilevskis reported on the Lithuanian transposition of the DSM Directive.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

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.

Licensing 105

Licensing Litigation Technology Patent 105

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!

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

MARCH 17, 2022

Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very beneficial as a preemptive measure to aid in defending a company in patent litigation against assertions of willful infringement and exposure to treble damages.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution Marketing 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.

Patent Application 48

Patent Application Patent Inventor Invention 48

Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

Litigation 105

Litigation Intellectual Property Business Government 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

DECEMBER 21, 2023

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. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 52

Patent Trademark Blog

MARCH 18, 2022

Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. Here’s a helpful article on filing a utility patent application and another one filing a design patent application.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

Kashishipr

MAY 5, 2021

The internet has resulted in the era of patent trolls, directly or indirectly. 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. It would help optimize the cost and risk management strategy of the entity.

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Final Rules for Trials before the Patent Trial and Appeal Board. Several aspects of post-grant review are designed to allow the proceedings to conclude quickly. Timing and patent eligibility aside, there are several significant differences between post-grant review and conventional inter partes reexamination.

Litigation 52

Litigation Settlement Patent Public Use 52

IP Tech Blog

MARCH 5, 2024

In this context, the Patent Act provides no such indication, reinforcing the conclusion that an “individual” within the Patent Act refers exclusively to a natural person. including 35 USC 101 and 35 USC 115.

Invention 57

Invention Inventor Patent Patent Application 57

LexBlog IP

FEBRUARY 26, 2023

Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Generally speaking, patenting an invention requires filing a patent application with the United States Patent and Trademark Office (USPTO). Utility Patent or Design Patent?

Patent 40

Patent Invention Design Patent Designs 40