The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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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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Patent Law Law Patent Patent Application 77

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. In light of the recent court decision of Thaler v Hirshfeld et al.

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law.

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Hamilton Technologies (No.

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Patent Law Law Patent Art 74

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Patent Law Law Patent Invention 91

Patently-O

APRIL 21, 2022

Still, there are a number of important pending petitions that could also be transformative in the patent law construct, including four cases with outstanding calls for the views of the Solicitor General (CVSG). Using Claim Construction to Undermine Jury Decisions : Olaf Sööt Design, LLC v. Becton, Dickinson and Company , No.

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Patent Law Law Patent Art 82

LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

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Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

IP Tech Blog

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 57

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. 3-D Printing and Copyrights, Patents, or Trademarks. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

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Intellectual Property Designs Design Invention 98

SpicyIP

MARCH 7, 2023

Sukarm is an undergraduate law student at NLSIU, Bangalore. 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. Microsoft v.

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Designs Design Patent Invention 117

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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Designs Design Design Patent Inventor 67

JD Supra Law

AUGUST 26, 2022

Kilpatrick Townsend attorneys Farah Cook and Michelle Tyde recently presented “What You Don’t Know Can Hurt You: Best Practices and Hot Topics For Patent & Technology Licensing Transactions” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).

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Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. Three other eligibility cases are pending: PersonalWeb Technologies LLC, v. VLSI Technology LLC.

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Patent Law Law Patent Litigation 95

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Why would a company want to design a unique typeface?

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Design Patent Designs Design Patent 52

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

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]. 3d 1353 (1999).

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Patent Law Law Inventor Patent 95

The IP Law Blog

MARCH 9, 2023

Omnivision Technologies, Inc. , Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. In Bell Semiconductor, LLC v. 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A.

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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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Patently-O

AUGUST 23, 2023

Doctrine of Equivalents The doctrine of equivalents allows a patentee to establish infringement, even when an accused product or process does not literally fall within the claims of the patent, if the accused product or process contains only insubstantial differences from the patent claims. Hilton Davis Chemical Co. ,

Patent Law 52

Patent Law Law Patent Invention 52

Patently-O

OCTOBER 27, 2021

PersonalWeb Technologies, LLC v. Olaf Sööt Design, LLC v. Optis Cellular Technology, LLC , No. Still, there are a number of important cases pending that could be transformative if granted. Two leading petitions before the court are: American Axle & Manufacturing, Inc. Neapco Holdings LLC , No. 20-891 (eligibility); and.

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Patent Law Law Patent Settlement 79

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.

Designs 52

Designs Design Inventor Design Patent 52

The IPKat

APRIL 22, 2024

Summer Course on European Information Technology Law Online, 9-13 September 2024 This course will provide a thorough introduction to European information technology law and internet regulation in the European Union.

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Intellectual Property Law Intellectual Property IP Litigation 62

Patently-O

DECEMBER 14, 2021

Optis Cellular Technology, LLC , No. 21-118, asking whether the law permits either appeal or mandamus in situations where the PTO exceeds its authority in a way that “is arbitrary or capricious, or was adopted without required notice-and-comment rulemaking.” VLSI Technology LLC (Follow-on case to Mylan v.

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Patent Law Law Patent Licensing 86

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?

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Intellectual Property Editing Intellectual Property Law Designs 98

SpicyIP

AUGUST 1, 2021

In that, without R&D capacity , there would simply be a lack of an environment that helps explore gaps in technology and create subsequent socially beneficial inventions. Lastly, the recommendation on improving the Patent Office website is a much welcome suggestion. Concluding Thoughts.

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Reporting Patent Law Patent Application Patent 136

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

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Designs Design Artistic Work Technology 71

The IPKat

MAY 19, 2024

Under existing patent law, the patentability of such an invention would require the patent claim to be purpose limited. Importantly, however, the problem presented by AI-generated prior art for patent law is not qualitatively new.

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Patent Art Invention Patent Law 62

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

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Design Patent Designs Design Technology 52

LexBlog IP

JULY 31, 2023

Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

LexBlog IP

AUGUST 30, 2022

patent law requires a “human” inventor. patent law requires that an “inventor” be a natural person (i.e., ” The Thaler court looked to Section 100 of Title 35, which provides “Definitions” for patent-related law. patent law. Vida held that U.S.

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Technology Inventor Invention Copyright 52

IIPRD

FEBRUARY 16, 2024

The sheer number of developments and technological advancements in the sport make it crucial for the teams participating to ensure that their intellectual property rights are not violated. Ten teams compete with each other to procure the best cutting-edge technology before their rival team gets their hands on it.

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Intellectual Property Technology Confidentiality Journalism 59

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. A functional claim limitation offers the tantalizing ideal of broad coverage and technological flexibility.

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Invention Patent Application Technology Patent 63

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Industrial Design Law. It also establishes the possibility of using other means of resolving design disputes, such as mediation.

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Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

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Patent Licensing Intellectual Property Technology 52

43(B)log

DECEMBER 15, 2023

Dastar explicitly stated that the Lanham Act “does not exist to reward manufacturers for their innovation in creating a particular device” and that the Act’s “common law foundations. were not designed to protect originality or creativity.” “Yet The court here disagreed. This reasoning also disposed of the UCL claim.

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SpicyIP

OCTOBER 7, 2023

This sets SEP litigations apart from other patent litigations wherein the patentee could be more interested in securing an injunction and keeping the monopoly for itself or for its chosen licensees. The technology standards like USB-C, telecom standards, WiFi6 etc. Apple Retail UK Ltd. and Unwired Planet v.

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