Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? Guest post by Camilla A. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. In a recent c a se , the English Patent Court dealt with the distinction between scientific advisers and expert evidence offering an intriguing insight into the matter. A little bit about the Indian paradigm.

Litigation 59

Litigation IP Intellectual Property Patent 59

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. 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

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Future litigants in the District of Delaware should be aware of potential arguments relating to non-infringing alternatives as they potentially relate to both patent and copyright damages.

Litigation 52

Litigation IP Patent Copyright 52

43(B)log

FEBRUARY 16, 2024

And an ITC determination that a claimed patent didn’t cover the marked product was sufficient to allege false marking, even if ITC determinations aren’t binding law. “[A]n A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.” patent law.

False Advertising 59

False Advertising Advertising Advertising Patent 59

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. This exposes some concerns about our patent laws.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

LexBlog IP

APRIL 26, 2022

The Court found (at [105]) that: the law relating to the entitlement of a person to the grant of a patent is premised upon an invention for the purposes of the Patents Act arising from the mind of a natural person or persons. Those who contribute to, or supply, the inventive concept are entitled to the grant.

Invention 52

Invention Inventor Patent Law Patent 52

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

Biswajit Sarkar Copyright Blog

DECEMBER 3, 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). Conclusion.

Patent 52

Patent Invention Patent Application Intellectual Property 52

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Many of us have said, “Bacon makes everything better.” The court in Pannu v. Iolab Corp.

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Inventor Invention Art Patent 110

The IPKat

DECEMBER 13, 2021

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. In our recent paper, we critique Abbott’s proposal whilst contemplating AI’s status as property or person.

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Inventor Invention Ownership Intellectual Property Law 135

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. But a recent ruling by the U.S.

Invention 140

Invention Inventor Patent Law Technology 140

IP Watchdog

JUNE 22, 2023

Sanofi upholds the Federal Circuit’s longstanding requirement to enable the full scope of a claimed invention. Since the Patent Act of 1790, patent law has required describing inventions with such clarity and specificity as to enable one skilled in the art to make and use the claimed invention.

Invention 81

Invention Art Patent Law Patent 81

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection.

Patent 97

Patent Invention Litigation Law 97

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.” at *17-18. A copy of the Memorandum Opinion is attached.

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Inventor Patent Intellectual Property Patent Law 91

Traverse Legal Blog

NOVEMBER 16, 2021

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. Are there any active litigation and/or administrative proceedings (e.g. post-grant review, oppositions, etc.)

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Due Diligence IP Intellectual Property Invention 75

The IPKat

JANUARY 12, 2024

Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. This conscious uncoupling of UK and EU laws introduces uncertainty in a number of areas, including in relation to intellectual property law, which for so long have been the focus of EU harmonising efforts.

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IP Intellectual Property Law Law Invention 67

Kashishipr

OCTOBER 20, 2021

On the other hand, international trade law recognizes that where a unique problem arises specifically referable only to a particular field of technology, a solution applying sui generis only to that field of technology cannot be said to be discriminatory according to the ordinary meaning and purpose of the TRIPS Agreement.

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Patent Intellectual Property Inventor Government 105

SpicyIP

APRIL 7, 2024

Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. Sreenath is an independent legal researcher and Adjunct Faculty of Law at Ramaiah Law College.

Patent 72

Patent Patent Application Intellectual Property Law 72

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. The subject matter of the patented invention must be new at the time of filing a patent application.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

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.

Patent 52

Patent Licensing Intellectual Property Technology 52

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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Licensing Litigation Technology Patent 105

IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S.

Invention 72

Invention Patent Art Patent Law 72

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

Inventor 69

Inventor Invention Patent Infringement Patent Law 69

LexBlog IP

DECEMBER 21, 2023

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 52

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue. to institute an IPR) or deny the petition.

Patent 98

Patent Litigation Patent Infringement Invention 98

Patently-O

APRIL 11, 2024

Or so one may think reading the Patent Act. Moreover, in a global marketplace, the territorial nature of intellectual property rights can create challenges. It would be simpler for a patent holder to just use the U.S. patent to cover foreign activity. 271(f) in WesternGeco LLC v. ION Geophysical Corp.

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Patent Invention Technology Patent Law 80

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Patents: Inventorship Can an AI, such as ChatGPT, invent?

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

OCTOBER 3, 2021

Senator Patrick Leahy (D) VT and Senator John Cornyn (R) TX have jointly drafted a new bill entitled the “Restoring the America Invents Act.” patent law that will resonate with voters. patent law that will resonate with voters. Encourage courts to stay litigations proceeding in parallel to a PTAB trial.

Litigation 52

Litigation Registration Invention Patent Law 52

TraskBritt Intellectual Property

MARCH 30, 2021

Even if Tesla has no intention of developing the laser system to clean glass surfaces on a car or photovoltaic solar panels, obtaining patent protection will give Tesla the option to enforce the patent against potential competitors by engaging in patent litigation. Steps to Obtain a Patent. Solvay S.A. Solvay S.A.

Patent Application 52

Patent Application Patent Invention Inventor 52

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Many of us have said, “Bacon makes everything better.”

Inventor 52

Inventor Invention Art Patent 52

SpicyIP

AUGUST 15, 2021

In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs.

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Licensing Government Reporting Patent Law 83

The IP Law Blog

NOVEMBER 3, 2022

The next chapter in this story is about the intellectual property behind the vaccines. and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked.

IP 52

IP Intellectual Property Technology Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

In today’s connected global economy, obtaining patent protection in multiple jurisdictions is the best way for companies to protect their intellectual property on a global scale. However, different countries have different patentability requirements and prosecution schemes, and these differences. PDF copy available.

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Patent Prosecution Invention Inventor Patent 75

The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. Under the America Invents Act (AIA), 35 U.S.C. § An IPR functions similar to a civil litigation once instituted. 100 et seq. ,

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Litigation Patent Technology Invention 75