SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications.

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LexBlog IP

FEBRUARY 9, 2023

A provisional patent application is a patent application that is filed with the United States Patent and Trademark Office (USPTO) by an inventor, assignee, or registered practitioner.

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LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

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Patent Trademark Blog

MARCH 24, 2022

The word “protect” is curious in the context of IP. If you think of IP as an asset, then it makes sense. Along those lines, the concept of protecting your IP would have a similar meaning of stopping others from taking or using your intangible assets. How to protect your products with trademarks.

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Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? What do you look for in utility patent claims?

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LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

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LexBlog IP

JULY 27, 2023

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs?

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IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 78

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. 4] Based on U.S. 101 and 35 U.S.C.

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Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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IP Tech Blog

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021. Please see our blogs here and here for further background information.

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Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Patent Appl.

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SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

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Patent Trademark Blog

MARCH 28, 2022

What would make patents more accessible to potential clients? Many IP law firms appear to be targeting small businesses. Some law firms are more focused on IP litigation while others, such as our firm , are heavily focused on filing patents and trademarks. Utility patents are complicated to prepare and prosecute.

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. How much will it cost to file a patent?

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Kashishipr

JULY 28, 2021

In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether. Brief Introduction.

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Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

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Patent Trademark Blog

JUNE 28, 2021

Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. Whatever it may be called, one thing is clear – a direct priority application is not a national stage entry based on a PCT application.

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Patent Application Patent Invention Design Patent 56

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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IP Spotlight

DECEMBER 6, 2021

The USPTO recently released its FY 2021 Performance and Accountability Report , which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. The number of provisional patent applications dropped by 9.2%

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Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Need to file a patent application? Of course not.

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LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application?

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Patent Trademark Blog

OCTOBER 26, 2022

There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. Part Three.

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Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. To be specific, any aspect of the invention not covered in the claims isn’t considered to be protected.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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IPilogue

JUNE 2, 2022

In February 2022, however, the Federal Court of Australia joined the ranks of the United States and the United Kingdom in disallowing AI to be owners of patents, even if the product is solely created by AI. In 2021 , the Canadian Intellectual Property Office (CIPO) issued a non-compliance notice for DABUS’ patent application in Canada.

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LexBlog IP

MAY 12, 2023

This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement. Patenting an invention requires pinning down the correct inventorship. Yet, the U.S.

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