LexBlog IP

NOVEMBER 21, 2023

As outlined in our previous post , on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product?

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The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 24].

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Review here the press release published by WIPO. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. By November 2019, EL was satisfied with the design. After talking again with Jane, EL decided to patent the device. The sleeve also protects the rubber from UV damage.

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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. •

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

Patently-O

MARCH 11, 2022

.” This holding is simply inconsistent with the Patent Act’s plain language, Congressional intent, and the Constitution. The District Court improperly endorsed an interpretation of the Patent Act that, for the first time, excludes an entire category of innovation from patent law protection. Thaler Brief.

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IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.”

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LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

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The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Please note: Some nominations do not appear in the list above, exclusions were made for example for not being a book about IP Law, or not being published in 2022.

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The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. In pre-revolutionary France, similar royal privileges were granted under the name “patente”.

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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

The IPKat

MAY 19, 2024

These AI generated structures may be included in patent applications or simply published in depositories on the internet. This approach could be used as a strategy by patent trolls or those looking to block others from patenting new structures. On the impact of AI on prior art, the US call of views specifically asks: 1.

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The IPKat

MARCH 29, 2023

This case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. Patents Rose Hugues commented on the decision in G 2/21 issued by the Enlarged Board of Appeal (EBA) on 23 March 2023.

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications).

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LexBlog IP

JUNE 29, 2023

I am a co-author of this paper with my fellow AIPLA committee colleagues, who each provided perspectives on AR/VR as it relates to the Metaverse and in view of current utility and design patent law. The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 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.

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The IPKat

FEBRUARY 12, 2024

Authors in the subsequent section explore industrial property rights, with Nari Lee delving into inventors and patents, Giorgio Spedicato shedding light on industrial design, and Genevieve Wilkinson discussing trade marks. Details: Publisher: Edward Elgar Extent: 582 Available in hardback and ebook ISBN: 978 1 78990 486 4

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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. AI and Patent Search : Yuri explains how AI can improve the patent search process.

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Law IP Intellectual Property Intellectual Property Law 52

The IPKat

JANUARY 17, 2023

Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome. What does the publisher say?

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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.

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The IPKat

DECEMBER 31, 2023

This time, this Kat had the opportunity to review Pierre Heuzé's published PhD thesis, written in French, titled " L'épuisement des droits de propriété intellectuelle sur un matériel biologique en droit suisse " [ Exhaustion of intellectual property rights in biological material under Swiss law ], published earlier this year.

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IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law.

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Intellectual Property Law Business Designs 52

The IPKat

AUGUST 29, 2021

Over on FOSS Patents, Florian Mueller commented on the new German patent law, questioning its ability to make a real difference to issues such as the so-called injunction gap, and reported on the newest patent division of the Munich I Regional Court starting operations. Picture from Pexels on Pixabay.

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Blogging IP Intellectual Property Editing 67

The IPKat

DECEMBER 16, 2022

Anna Maria deals with issues relating to trade marks, patents, designs, trade secrets, copyright and antitrust – both in and out of the courts. In recent years, Anna Maria has been selected for European Commission programmes to support SMEs and young Designers on IP, innovation, and digitalisation.

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IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. However, the breadth of that ability has been the subject of debate and legal action. One statute, 35 U.S.C. § Vidal , 63 F.4th 4th 1, 14 (Fed.

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Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . More specifically, Sections of Title 17, including chapters one through eight and ten through 12 in the United States code cover copyright law. Code covers patent law. .

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SpicyIP

JANUARY 23, 2022

Apart from this, I will separately send out a drafting template for specification, and a complete patent prosecution file to the registrants on their email address. I have also recently published a book on Patent Law and Practice that is useful for exam takers. may be addressed to eoffice@techlaw.in.

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The IPKat

OCTOBER 9, 2023

Advocate General (‘AG’) Laila Medina recently published her Opinion and – without mentioning the German Supreme Court’s judgment – arrived at a different conclusion ( C-334/22 ). c) Does a trade mark, which is part of the shape of a car part, fulfil a designation function? (d) Background Audi owns EU trade mark no.

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SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors. Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I and II.

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The IPKat

JULY 20, 2022

There has been a discussion of whether all geographical indications (GIs) are intrinsically reputed at a “Track Case Law” webinar delivered by speakers of the EUIPO in the context of an opposition filed by the producers of protected designation of origin “Cava” against three-dimensional EU trade mark “CHENINE Brut PREMIUM CAVA BOTTLE”.

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Olartemoure Blog

MAY 13, 2022

According to the information published by the Ministry of Commerce, Industry, and Tourism, in 2021, China became first Asia’s inverstor in Colombia. At this moment, the concept of NFTs as property is as abstract as a patent law, or an extension of Intellectual Property law, as NFTs are essentially ideas that have taken virtual form. .

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The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The search for EUTM case law before EU Courts from the previous year was based on decisions included in the eSearch Case Law database.

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SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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