Patently-O

MARCH 6, 2022

governmental (or agency of the government, such as the Navy). Government interest in the patent — typically based upon Gov’t funding of the R&D and the government interest is provided for under the Bayh-Dole Act. Gov't disclaims copyright protection the works of authorship created by the Government.

Government 81

Government Patent Invention Licensing 81

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents are valuable assets that enable one to share their invention in public without any fear of being misused.

Invention 105

Invention Patent Inventor Intellectual Property 105

IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

Intepat

JANUARY 24, 2024

Licensing is a legal tool that permits the utilization or reuse of already protected intellectual property. This raises discussions on various factors influencing the decision of licensors and licensees regarding the licensing process. Considerations for sub-licensing, including any specific limitations or financial terms.

Intellectual Property 52

Intellectual Property Licensing IP Ownership 52

SpicyIP

JULY 13, 2022

The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Secondly , what is a compulsory license? Background. The writ petitioner is a breast cancer patient. 58,140/- per month.

Licensing 110

Licensing Invention Government Patent 110

LexBlog IP

MAY 9, 2023

But filing too quickly—or in the wrong country—may cause the eventual patent to be invalid for failure to obtain a foreign filing license. What is a Foreign Filing License? A foreign filing license is a communication from the U.S. What if You File an Application Without a Foreign Filing License? § 181.

Licensing 52

Licensing Patent Invention Patent Application 52

SpicyIP

OCTOBER 31, 2023

Image from here Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“ CL ”) for breast cancer medications, Ribociclib and Abemaciclib. In January 2022, she appealed for government support for affordable drug production. It also says that no licenses were given out.

Licensing 72

Licensing Government Reporting Patent 72

IP Watchdog

MAY 15, 2023

For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. As a result, few inventions were ever developed. As a result, few inventions were ever developed.

Invention 128

Invention Ownership Licensing Government 128

Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. It may allow you to gain access to a competitor’s patents by licensing your patents to them in return. So, what happens if you decide not to patent?

Invention 52

Invention Patent Inventor Intellectual Property 52

JD Supra Law

FEBRUARY 14, 2024

government with a nonexclusive license to practice inventions that were paid for with federal funding. The Bayh-Dole Act specifically applies to inventions “conceived or first actually reduced to practice in the performance of. which provides the U.S. By: Schwabe, Williamson & Wyatt PC

Invention 61

Invention Licensing Government 61

SpicyIP

JUNE 28, 2023

and Saranya Ravindran This June 28 th marks the thirteenth anniversary of the tabling of the Parliamentary Standing Committee Report on The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 (PUPFIP) – a legislation introduced by the UPA government on the recommendations of the National Knowledge Commission.

Government 98

Government Invention Contracts Intellectual Property 98

JD Supra Law

JANUARY 5, 2024

Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is known as “march-in.” By: Pillsbury Winthrop Shaw Pittman LLP

Technology 69

Technology Inventor Invention Licensing 69

SpicyIP

SEPTEMBER 29, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Compulsory Licensing: Chinks in the Armor. The TRIPS Agreement has incorporated certain fail-safes in the form of Compulsory Licenses for when patents are seen to be acting contrary to public need. The invention not being reasonably affordable.

Licensing 119

Licensing Government Invention Patent 119

Intepat

MAY 24, 2024

Organizations must carefully consider to consider these options when protecting their inventions. Understanding Patents A patent is a legal protection granted by the government to an inventor, providing the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. As a result, many companies are developing corporate policies on employee use of AI. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

LexBlog IP

OCTOBER 3, 2022

In 1980, Congress passed the Bayh-Dole Act, promoting collaboration between the Federal Government and private intellectual capital. The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. As defined in 37 CFR 401.14(c)(1),

Contracts 52

Contracts Invention Licensing Government 52

Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. In a licensing agreement, the licensor grants the licensee the right to use their intellectual property in a specified manner, while also retaining a stake in it.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

IP Watchdog

JANUARY 24, 2024

203 that would compel patent owners holding rights to federally-funded inventions to license those rights to “responsible applicants.” Department of Commerce released a draft framework of factors that federal agencies should consider for the exercise of authority codified at 35 U.S.C. §

Invention 122

Invention Licensing Technology IP 122

SpicyIP

JULY 23, 2021

In this post, I shall discuss the impact of non-working, the possible remedies in revocation and compulsory licensing, the issues surrounding disclosure of working and possible reforms in the system. The patent bargain is a delicate balance struck between access to the invention and incentive to the patentee. Impact of Non-Working.

Patent 126

Patent Licensing Invention Government 126

SpicyIP

AUGUST 19, 2023

The objective of the JV Bill, 2023 is to promote ‘the ease of doing business in India’ through ‘minimum government, maximum governance’. However, the question that remains to be answered is which kind of business is the government seeking to promote through this law?

Business 98

Business Licensing Copyright Government 98

Intellectual Property Law Blog

DECEMBER 1, 2021

In the first phase of the litigation, the government admitted infringement at ten airports, but challenged the validity of the patent, arguing that it was obvious over the prior art. The government’s failure to come forward with any evidence rebutting infringement was a factor that weighed in favor of the Court’s infringement finding.

Patent Infringement 246

Patent Infringement Patent Government Licensing 246

IP Watchdog

APRIL 17, 2023

Just when you think you have enough things to worry about, you stumble upon one more. In its wisdom, Congress enacted a “Medicare Drug Price Negotiation Plan” as part of the Inflation Reduction Act. The program kicks in by imposing “maximum fair prices” for drugs as determined by the Centers for Medicare & Medicaid Services (CMS).

Invention 120

Invention Licensing Government Technology 120

IP Intelligence

MARCH 16, 2022

About one year ago, Russia amended its Civil Code Article 1360 to ostensibly address the Covid crisis by allowing a forced license for use without consent of the patent holder of certain patent monopolies relating to the national security and protecting the life and health of the Russian citizens.

Patent 96

Patent Intellectual Property Government Invention 96

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. Patents provide protection to innovations as well as commercialization of inventions.

Patent 92

Patent Inventor Invention Intellectual Property 92

IP Watchdog

OCTOBER 6, 2023

government executive initiatives have reshaped the landscape concerning intellectual property and the domestic production of products resulting from federally funded research. These initiatives are poised to bring substantial changes to the dynamics of academic-industry collaborations as inventions are brought to market.

Reporting 62

Reporting Intellectual Property Invention Government 62

IP.com

DECEMBER 13, 2023

government health programs such as Medicare and Medicaid have brought the Bayh-Dole Act back into the headlines of innovation industry news. government pressure on pharmaceutical cost regulation will have on the continued successful growth of innovation across many industries. Prior to the Bayh-Dole Act, the U.S.

Intellectual Property Management 52

Intellectual Property Management Government Ownership Business 52

SpicyIP

JANUARY 15, 2023

Further, copyright owners can use this power to threaten and scare users and extort license fees (especially prevalent in the software and music industry) which can impact the ease of doing business. here , here and here ).

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

The IP Law Blog

JANUARY 18, 2024

A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” And with patents, the only protection arises when the USPTO issues a patent on an invention. then it is no longer a trade secret. Again, it depends. Under 35 U.S.C. §

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Patent Trademark Blog

OCTOBER 10, 2022

Second, a tricky situation can arise when the invention was made in the US, but the applicant is a foreign company as discussed below. How to File a PCT Application When Invention Was Made In USA. Any invention made in the US must first be given a foreign filing license before a patent application can be filed in a foreign country.

Invention 52

Invention Licensing Patent Application Blogging 52

TorrentFreak

MARCH 7, 2022

attempts to deal with the problem of foreign companies revoking or refusing to issue software licenses. Since it will need to import many things without official authorization, Russia’s government is considering removing liability for breaching exclusive rights, including copyrights and trademarks. An item listed as point 6.7.3

Government 145

Government Reporting Journalism Intellectual Property 145

IP Watchdog

DECEMBER 7, 2023

But under the proposed framework, an agency may consider “[a]t what price and on what terms has the product utilizing the subject invention been sold or offered for sale in the U.S."

Licensing 70

Licensing Invention Technology Publishing 70

IP Watchdog

MAY 15, 2022

Prado portrays Google as a strong supporter of the patent system, citing their history in initiatives to spur new inventions and technologies. Google was also instrumental in the beginnings of the License On Transfer network (which helps members who have been sued by “patent trolls”).

Patent Troll 98

Patent Troll Patent Licensing Invention 98

IP and Legal Filings

DECEMBER 1, 2021

Industries and companies earn a lot through licensing and assigning patents. The license and assignment of patents are common practices in the market which makes the licensor earn millions of royalties. The companies not only use these assets for licensing but also use those assets for loan security and sanction.

Patent 52

Patent Invention Patent Application Intellectual Property 52

Kashishipr

JUNE 3, 2021

In the modern world, things such as overseas inter-company transactions of IP, franchising models, licensing, mergers, and acquisitions, etc., Even for authentic inter-company transactions for royalties or license fees, tax authorities of most developed nations necessitate tax on IP assets. The United States of America.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

SpicyIP

MARCH 21, 2024

This is because they allow competitors to the patent applicant, who are more likely to be more familiar with the invention sought to being patented, to contribute to the examination process by bringing forth the latest “prior art” to the attention of the Patent Office. From a policy perspective, pre-grant oppositions are excellent policy.

Patent 52

Patent Patent Application Government Reporting 52

IP and Legal Filings

MAY 13, 2022

Compulsory licensing is a highly debated question of the hour in the context of the pandemic. The present case deals with the compulsory license awarded to a domestic generic pharmaceutical private company, Natco, for the manufacture and sale of the kidney cancer drug Nexavar, patented by Bayer Corporation in India.

Licensing 52

Licensing Government Invention Patent 52

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52