The IPKat

AUGUST 1, 2021

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 5(2)(b) of the InfoSoc Directive , in particular regarding "communication to the public". The referrals stem from two cases, unrelated to one another except for the underlying legal issues that are the subject of the referrals.

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SpicyIP

AUGUST 1, 2021

Image with the text ‘open the gate’ (Image from here ). In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions.

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IP Watchdog

AUGUST 1, 2021

Twenty years ago, the U.S. Supreme Court ruled for the first time that plants could be protected with utility patents. J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc. 534 U.S. 124 (2001). Forty-one years ago, the U.S. Supreme Court ruled for the first time that living organisms were patentable. Diamond v. Chakrabarty, 447 U.S. 303 (19080).

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Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Shoshana Wodinsky: Australian Court Rules That Yes, AI Can Be an Inventor (Source: Gizmodo). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM).

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Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

Technology

SpicyIP

AUGUST 1, 2021

Image with the text ‘open the gate’ (Image from here ). As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. In an approach that seems to focus on the bigger picture while suggesting fairly pointed reforms, the Report misses both the trees and the forest.

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LexBlog IP

AUGUST 1, 2021

Unpacking the Importance of the Claimed Invention from Other Commercial Components. Objective indicia of non-obviousness, such as commercial success and industry praise, can be probative evidence of non-obviousness. In order for the objective evidence of secondary considerations to be afforded substantial weight, however, the patentee must establish a nexus between the evidence and the merits of the claimed invention.

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LexBlog IP

AUGUST 1, 2021

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879. I would suggest that the remarkable speed with which this unnecessarily lengthy (228 paragraphs) decision was rendered, after being heard on 2 July 2021, may ref

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IAM Magazine

AUGUST 1, 2021

While all the focus has been on linkage, life sciences rights holders have unanswered questions about the final implementing regulations in another crucial area.

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LexBlog IP

AUGUST 1, 2021

The motivation to create Ping® stems from my experiences running the Entrepreneurial & Start-up Ventures Committee, and the Media, Arts & Entertainment Committee of the Chicago Bar Association, participation in Illinois State Bar Association committees, and public speaking engagements on the subjects of intellectual property, information technology, privacy, security and entertainment law.

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IAM Magazine

AUGUST 1, 2021

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days.

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Licensing Patent IP Blogging 52

Advertiser: IPO

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

Patent

Barry Sookman

AUGUST 1, 2021

Computer and Internet Weekly Updates for 2021-07-24 [link] 2021-07-25. Recent Developments in the United States Consumer Privacy Landscape | McCarthy Tétrault [link] 2021-07-26. Supreme Court to release Access copyright decision this week, Judgment to be Rendered in Appeal – SCC Cases [link] 2021-07-26. Commission starts legal action against 23 EU countries over copyright rules [link] 2021-07-28.

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IAM Magazine

AUGUST 1, 2021

While all the focus has been on linkage, life sciences rights holders have unanswered questions about the final implementing regulations in another crucial area.

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Patent Law 40

TorrentFreak

AUGUST 1, 2021

Two years ago, a U.S. District Court in Minnesota sentenced Paul Hansmeier to 14 years in prison. Hansmeier was a key player in the Prenda Law firm, which pursued cases against people who were suspected of downloading pirated porn videos via BitTorrent. This practice by itself is not illegal, but Hansmeier and his associate John Steele entered criminal territory when they lied to the courts, committed identity theft, and created a honeypot by uploading self-produced porn torrents to The Pirate B

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IAM Magazine

AUGUST 1, 2021

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days.

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Licensing Patent IP Blogging 40

Patently-O

AUGUST 1, 2021

by Dennis Crouch. Utility Doctrine does not get much use in patent prosecution. Still, examiners do reject claims on utility grounds. The following are three recent PTAB decisions that all reverse examiner utility rejections. In Horne , focus is whether a partially-built tool has any utility; In Zauderer , the question is whether a theoretical rocket ship design has any credible utility; and in Grajcar the question focuses on whether data was provided to support a sex-selection method.

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The Trichordist

AUGUST 1, 2021

[Editor Charlie sez: This post demonstrates that no single songwriter group–including NSAI–speaks for every songwriter in the world and that songwriters around the world do not want their incomes smashed. So that’s a bit of a pickle.] Part 2 of 2 parts, read part 1 here. COPYRIGHT ROYALTY BOARD (CRB) In re DOCKET NO.

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