IP Watchdog

AUGUST 19, 2024

Patent and Trademark Office (USPTO) regulation promulgated under the America Invents Act (AIA). That regulation provides that a patentee is precluded from “taking action inconsistent with [an] adverse judgment, including obtaining in any patent…. 2023-1005, -1007.

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Invention Trademark Patent Litigation 59

SpicyIP

JUNE 19, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

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IP Fair Use Invention Copyright 113

LexBlog IP

NOVEMBER 1, 2023

Even though the focus of these activities involves, among others, accounting, financial, and the legal standing of the entity, there are also a number of tasks that involve the status of IP matters and rights held by the company. Trademark registrations are effective for a ten (10) year term, which is renewable for successive periods.

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IP Registration Reporting Trademark 52

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Subject matter eligibility refers to whether an invention is qualified for patent protection. An invention must still overcome the hurdle of uniqueness which includes novelty and non-obviousness. 35 USC 101 – Inventions patentable. What is Section 101?

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Patent Application Invention Graphic Design Design Patent 98

The IPKat

DECEMBER 17, 2021

This post is the third and final installment in the “Africa IP Highlights 2021 series” of posts highlighting some of the key developments in IP in Africa in 2021. This post is about patents and reforms in IP policy, legislation and administration. The first 2 posts covered copyright and trade marks.

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IP Patent Intellectual Property Inventor 92

IP and Legal Filings

AUGUST 8, 2024

This allows the others to gain knowledge of the others invention and develop in the future. The patentee has exclusive rights over their invention for a particular period of time, that is 20 years in India. This represent that the patentee has the power to control the uses, makes, imports or sells of their invention.

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Patent Invention Inventor Patent Application 91

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Intellectual Property Cease and Desist Invention Branding 52

Dragons' Den

MARCH 30, 2023

I was however, pleased to watch such IP-rich conversations, which I’ll break down for any budding business owners looking to protect their assets. A patent is an exclusive right granted for an invention. It lets you take legal action against anyone who makes, uses, sells or imports your invention without your permission.

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Business Invention IP Branding 98

Patent Trademark Blog

APRIL 19, 2023

To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Who really decides if a claimed invention is obvious?

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Patent Patent Application Invention Art 98

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. months to first action, and an average total pendency of 24.0 months to first action.

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Editing Trademark Invention Patent 59

Patent Trademark Blog

SEPTEMBER 17, 2024

The USPTO operates on a first-to-file rule meaning that whoever files first, not whoever invents first, will have the right to obtain a patent. Assuming the images in the product listing look similar to the drawings in your design patent application, the examiner will issue an Office Action rejecting your design patent application.

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Design Patent Designs Design Patent Application 52

SpicyIP

SEPTEMBER 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

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Trademark Confidentiality Patent Application Copyright 80

IP Spotlight

DECEMBER 30, 2022

Each year, IP Spotlight updates our readers who often ask: how long does it take for a patent or trademark registration to grant? The Data Visualization Center includes several dashboards with detailed information about allowance rates, average pendency, and other statistics about patent and trademark proceedings.

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Editing Trademark Invention Patent 45

IP Intelligence

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. Patent and Trademark Office (USPTO). In his opening brief, Thaler argued that the district court was wrong in concluding that an AI-generated invention is unpatentable.

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Invention Inventor Patent Patent Application 52

IP Watchdog

JUNE 25, 2023

Public comments on the United States Patent and Trademark Office’s (USPTO) Advanced Notice of Proposed Rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices continued to be posted this week, following the June 20 deadline. The Office announced the ANPRM in April. The Office announced the ANPRM in April.

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Publishing IP Patent Trademark 64

LexBlog IP

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. Patent and Trademark Office (USPTO). In his opening brief, Thaler argued that the district court was wrong in concluding that an AI-generated invention is unpatentable.

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Invention Inventor Patent Patent Application 52

Intellectual Property Law Blog

MAY 2, 2023

Broader Issues with Generative AI Some other issues companies face with employee use of AI relate to IP and open source. New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output. Copyright Office and the U.S.

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Government Business Licensing Copyright 237

Patent Trademark Blog

SEPTEMBER 18, 2024

In the old days, the US patent system gave rights to the one who was first to invent. First-To-File vs. First-To-Invent I’m old enough to remember when the USPTO would grant a patent to an inventor who could show they were first to invent even though someone else applied earlier. Those days are gone.

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Patent Application Design Patent Patent Design 52

Patent Trademark Blog

JUNE 2, 2022

IP owners want the equivalent of a utility patent without high costs. So why does it appear that the China patent office has been examining and rejecting utility models more recently? First, it appears that the China patent office can issue an Office Action pointing out “defects” in the UM.

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Patent Art Patent Application IP 52

SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Her area of interest lies in IP and corporate law. Arul Scaria).

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IP Intellectual Property Reporting Government 89

Patent Trademark Blog

MAY 29, 2024

Let’s discuss some of the more common ineffective ways to respond to patent Office Actions. In response to an Office Action, an applicant goes into great detail about how their invention is different from the cited prior art references. Need to prevail over a patent rejection? There is only one problem.

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Patent Patent Application Art Patent Prosecution 52

Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Trademark Intellectual Property Branding Brands 52

Patent Trademark Blog

FEBRUARY 1, 2022

What makes for a successful patent Office Action response? A successful patent Office Action response typically involves a combination of claim amendments and technical arguments. This is a not a DIY post on how to write an Office Action response yourself. First, you can amend the claims.

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Patent Art Invention Copying 52

Intellectual Property Law Blog

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). 2020-005406 (PTAB Feb.

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Patent Invention Patent Application Patent Drafting 173

IP Watchdog

MAY 11, 2023

The Merit Systems Protection Board (MSPB) issued a decision on May 5 granting Patent Trial and Appeal Board (PTAB) Administrative Patent Judge (APJ) Michael Fitzpatrick’s request for corrective action with respect to alleged retaliatory personnel actions against him by senior management officials at the Department of Commerce and U.S.

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Trademark Patent Invention Government 69

Patent Trademark Blog

APRIL 14, 2022

In contrast, a typical design application may sail through an allowance without any Office Actions. Even if you think your invention is new, your utility patent app might get rejected for being obvious. Claim amendments may be required to refine your invention so that it’s not so broad. This involves a compromise.

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Patent Application Patent Design Patent Art 52

SpicyIP

AUGUST 19, 2023

The major amendments proposed to IP laws remain the same in the 2023 version. In this regard, at least from an IP standpoint, it appears that bigger businesses stand to gain while smaller ones may suffer. However, the real issue for smaller businesses, in the copyright context, has always been baseless threats of criminal action.

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Business Licensing Copyright Government 84

IIPRD

JUNE 29, 2022

IP PROTECTION LOUI VUITTON PRODUCTS HAVE. Louis Vuitton has obtained several sorts of legal protection for its work in order to secure these prevalent mental inventions in the fashion industry. LOUI VUITTON STRATEGY TO PROTECT THEIR IP. IP rights are legal tools that a company can use to protect its innovation and creativity.

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Intellectual Property Branding Brands Branding 98

Patent Trademark Blog

FEBRUARY 9, 2023

The chart above does not show the success rates of Office Action responses or what proportion of each group even bothered to file a response. You want a detailed description with figures that adequately show the unique features of your invention. Would higher legal costs justify higher percentages of success?

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Patent Patent Application Design Patent Design 98

SpicyIP

MARCH 13, 2023

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again!

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Intellectual Property Law Intellectual Property Trademark IP 102

Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention.

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Patent Application Invention Patent Inventor 105

IP Tech Blog

JULY 22, 2021

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. ET, September 30, 2021. The program highlights COVID-19 success stories that will inspire others to harness innovation for human progress.

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Patent Patent Application Invention Blogging 57

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. The Patents Act of 1970 focuses on patents, granting exclusive rights to inventors for new inventions or processes. It is given for 60 years. It is given for 20 years.

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Intellectual Property Invention Artistic Work Copyright 75

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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IP Intelligence

MARCH 16, 2022

The Russian government issued a decree allowing local companies in Russia to freely use the inventions, utility models and design patents present within Russia from a list of 47 “unfriendly countries.”. Additionally, the majority of Russian Office Actions have 10 months’ worth of extensions available.

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Patent Intellectual Property Government Invention 96

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. FDA Regulation. THC – even if such products are legal under state law.

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IP Registration Trademark Branding 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2021

For World IP Day, Fish Principal and chair of Fish’s Diversity & Inclusion Initiative , Ahmed Davis , authored the article “Celebrating Black Inventors on World IP Day” for the National Law Journal, which celebrates the contributions of Black inventors who all too often get overlooked.

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