LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). Nowadays, electronic filing has become the norm and the 15-day postal rule is removed in respect of any documents that are electronically transmitted by the patent office.

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Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

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Patently-O

APRIL 30, 2024

Although documents are widely available today via our vast network of digital communications, there is also increasing junk in the system — documents making unsubstantiated claims that are effectively science fiction. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U.

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LexBlog IP

NOVEMBER 15, 2023

Claim-Based Analysis Required for Pre-AIA Patents Only One of the more confusing developments in patent law was pronounced in Dynamic Drinkware v. Nat’l Graphics, Inc. , 3d 1375, 1378 (Fed. RapidPulse, Inc. 35 U.S.C. § § 102(d)(2).

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Patent Art Patent Law Designs 52

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

JD Supra Law

MAY 24, 2023

The United States Constitution provides the basis for patent laws; it says "Congress shall have power. It is a common refrain that the Constitution is a living, breathing document, and the afore-mentioned clause is perhaps an exemplar.

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Inventor Art Patent Law Law 52

Indiana Intellectual Property Law

JANUARY 15, 2024

In the modern era of technological advancements and the burgeoning landscape of online commerce, the interconnection of patent law with the dynamics of e-commerce platforms presents intricate challenges. 11,473,277 (“the ‘277 Patent”) against specific Xin Glass Rinsers listed by Sanitary Ware on Amazon.

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Patent Patent Infringement Patent Law Technology 52

Patently-O

JANUARY 10, 2023

What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. Every four years, the PTO issues new guidance documents. Prior Patently-O Patent L.J. Tran & J.

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Journalism Trademark Patent Patent Law 55

The IP Law Blog

JANUARY 5, 2023

After the hearing, the court ordered production of documents ranging from communications between Mr. Hall, Mavexar, and IP Edge to the formation of Nimitz, its assets, its potential scope of liability from obtaining the patent, and the potential settlement of various cases.

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Litigation Patent Confidentiality Settlement 98

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). These applications would not be subject to the provisions of the AIA unless the application contained a claim that did not properly find support in the pre-AIA priority document(s).

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Invention Inventor Patent Application Patent Law 124

Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Still, the primary guide is the ANDA documents as the source of infringement in this highly regulated area.

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Branding Brands Branding Marketing 87

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

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IP Intellectual Property Reporting Government 98

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 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).

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Patent Invention Public Domain Patent Law 52

IP Law 360

FEBRUARY 7, 2022

Mirror Imaging has agreed to settle a suit claiming PNC Bank infringed patents on retrieving financial documents, just days after U.S. District Judge Alan Albright said various federal officials had issues with "the uncertain state" of a section of federal patent law.

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Patently-O

OCTOBER 16, 2023

Although claim fluidity remains an integral principle in patent law, Sonos adds considerable viscosity to the practice. As one family-member patent is about to issue (or be abandoned), the patentee makes sure to file a continuation application with a new set of patent claims and claiming priority back to the original filing documents.

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The IPKat

MARCH 16, 2024

The blog includes a master resources document, listing the CJEU cases, cases by article and by country. The Case Law Book is currently available in HTML and PDF formats in all three official languages of the EPO. It is one of the most-used patent law resources.

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Intellectual Property Law Intellectual Property Blogging Copyright Law 67

Patently-O

FEBRUARY 1, 2022

See Crouch, Rounding Errors in Patent Law , Patently-O (Dec 8, 2021). AZ’s patent claim is directed to formulation that includes “0.001%” PVP K25. Now Astrazeneca has petitioned for en banc reconsideration–seeking “consistent precedent regarding significant digits.”

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Patent Prosecution Patent Patent Law Law 77

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

As stated in the previous blog on Patentability in India, Novelty is one of the essential criteria required for a patent to be granted in India. Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. a) Prior Publication [Section 29(1), the Act].

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More Than Your Mark

JULY 2, 2021

The decision saw the Supreme Court apply a “non-contradiction” rule to assignor estoppel issues, which requires one to determine whether the inventor truly gave up the ability to challenge the validity of the patent in question in the assignment document. Contact Norris McLaughlin about Patent Protections.

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Inventor Patent Patent Application Intellectual Property 94

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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Licensing Patent Application Patent Prosecution Invention 67

Patently-O

DECEMBER 20, 2023

The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. Yet scholarship on racial and gender inequality in the patent system is growing. In addition, scholars have explored racist and sexist norms baked into the content of patent law itself.

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The IP Law Blog

APRIL 20, 2023

First, Columbia alleges that “[t]here is no innocent explanation for Ventex’s decision to withhold 2,000 pages of communications about the funding arrangement from its document production while affirmatively misrepresenting that production as containing all of its communications with Seirus located after a comprehensive search.”

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Litigation Business Patent Copying 98

LexBlog IP

FEBRUARY 15, 2022

2] The newly amended China Patent Law that took effect on June 01, 2021, extended the term of a design patent from 10 years to 15 years, which is in line with the minimum term of protection that a contracting party must provide is 15 years under the Hague System. 1] See [link]. [2] 2] See , [link].

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Designs Design Patent Prosecution Intellectual Property 40

Patently-O

MARCH 18, 2024

In addition to testimony, the court relied upon a number of documents to help show significant contribution. The, they introduced drawings (one shown above) and other documents they had provided to Campbell showing particular design contributions that were later included into the ‘049 patent specification and claims.

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Patent Inventor Patent Infringement Designs 58

The IP Law Blog

JUNE 30, 2023

A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Read more about this case here.

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The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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Patently-O

APRIL 10, 2024

.” In the context of patent applications, the notice provides specific examples of how the duty of disclosure may be implicated when using AI tools. For instance: if an AI tool is used in drafting or editing a document, the party must still review its contents and ensure the paper is in accordance with the certifications being made.

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LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

The IP Law Blog

JUNE 22, 2023

a)(3), which states, “Arguments must not be incorporated by reference from one document into another document.” Asking judges to be archaeologists and wade through mountains of documents is not likely to work in your favor, and in this case, it was in violation of the rules and regulations. briefing is 37 C.F.R.

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IPilogue

SEPTEMBER 15, 2022

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, September 23, 2022. Please send your answers in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Please note that only 2L and 3L students may participate.

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Patent Application Patent Patent Drafting Invention 81

IP and Legal Filings

OCTOBER 26, 2021

Traditional medicinal knowledge can be defined as the knowledge, skills, and practices that are based on theories, documentations, and beliefs that are used for the prevention, diagnosis, or treatment of physical ailments by indigenous communities. The relevance of traditional medicinal knowledge.

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Intellectual Property Journalism IP Invention 76

SpicyIP

DECEMBER 22, 2023

Thaler also received a similar rejection of registration from the US Patents and Trademarks Office earlier this year, where a the same ground of lack of a human inventor was relied on. Thaler had also applied for registration of the patent in India (Application Number 202017019068, filed 05.05.2020).

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LexBlog IP

AUGUST 16, 2023

Just make sure you document that agreement in writing so it’s more easily enforceable! Learn more about trademarks and how King Business and Patent Law, PLLC can help you develop, register, maintain, and enforce your trademarks and maximize their value at [link].

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Branding Brands Branding Registration 40

LexBlog IP

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

The IPKat

JANUARY 14, 2024

Use of European file history in US claim interpretation The Federal Circuit applied the case law of Intel v Qualcomm (21 F.4th Neither the claim nor the description of the patent defined the term barcode. Under European patent law, therefore, K-fee submitted that the prior art did not directly and unambiguously disclose a barcode.

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Patent Art Patent Prosecution Patent Law 120

Patently-O

NOVEMBER 17, 2023

But, in patent law we also observe the legal fiction that filing a patent application describing the invention in sufficient detail to enable a person skilled in the art to make and use it will also qualify (constructive reduction to practice). We’ve got 14,000 word count limit that’s being blown through.

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Patently-O

MAY 26, 2023

More specifically, the Court neither cited nor discussed any Federal Circuit or CCPA decision outside of case-specific historical documents. It remains to be seen how this lack of engagement with Federal Circuit precedent may influence future patent law decisions. Perkins Glue Co. , 245 (1928).

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