Patently-O

FEBRUARY 24, 2022

The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. Basically, the patentee failed to disclose pre-filing sales of the invention.

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. 7] Section 140 of The Patents Act, 1970. [8]

Patent Law 52

Patent Law Law Patent Intellectual Property 52

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

Patent 52

Patent Invention Patent Law Designs 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

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. 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.” then it is no longer a trade secret.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

IPilogue

MARCH 1, 2023

The appeal raised issues about (i) whether the specific claim in the patent protecting the invention at issue was invalid due to overbreadth, and (ii) whether the plaintiff was entitled to injunctive relief if the patent was held to be valid. 57 of the Patent Act is the usual remedy that upholds the bargain theory of patent law.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Thank you to readers who voted for the IPKat book of the year awards 2022!

Intellectual Property 98

Intellectual Property Editing Intellectual Property Law Designs 98

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. What is patent?

Patent 92

Patent Inventor Invention Intellectual Property 92

LexBlog IP

JULY 31, 2023

In this episode, Yuri delved into the transformative potential of AI in IP Law, offering a glimpse into the future of this exciting field. Let’s dive into the key points discussed: AI in Patent Law : Yuri discusses the potential of AI in the field of patent law.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

LexBlog IP

APRIL 25, 2023

The Supreme Court yesterday declined to hear a case brought by a computer scientist whose “invention” was in fact created by artificial intelligence. Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent.

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. When the two broke-off their relationship Sgromo wanted the patents back and sued. Peter Sgromo v. Leonard Scott ( Fed.

Ownership 70

Ownership Patent Law Invention Licensing 70

Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention.

Invention 52

Invention Patent Technology Designs 52

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

Designs 117

Designs Design Intellectual Property Licensing 117

The IPKat

SEPTEMBER 15, 2022

Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent.

Licensing 76

Licensing Art Marketing Marketing 76

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

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

Law 52

Law Patent Settlement Inventor 52

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

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. by Dennis Crouch. Venture (Fed.

Invention 82

Invention Contracts Licensing Inventor 82

The IP Law Blog

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

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. Apple Retail UK Ltd.

Licensing 105

Licensing Litigation Technology Patent 105

The IP Law Blog

MARCH 30, 2023

Patents offer many advantages to individuals and companies. For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. In some industries, patents may even be essentially required to enter the market and compete successfully.

Business 98

Business Inventor Patent Licensing 98

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.

Law 109

Law Patent Invention Intellectual Property 109

LexBlog IP

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. 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.”

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

DECEMBER 26, 2023

If you’re using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software. Canva and other logo generators are licensing the use of their product and the generated logos in it to you.

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

Patent 52

Patent Invention Inventor Technology 52

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

Designs 117

Designs Design Patent Invention 117

SpicyIP

FEBRUARY 23, 2023

In fact, a very similar ‘invention’ was made by Remya Jose, a 10 th grade school student from rural Kerala, in the early 2000s. Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India.

Marketing 126

Marketing Marketing Invention Patent 126

SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. This commercial information is invaluable to the Patent Controller in compulsory licencing proceedings.

Patent 52

Patent Patent Application Government Reporting 52

The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech claims that Moderna did not give credit to scientists at Pfizer/BioNTech and NIH who developed the underlying technology and that Pfizer/BioNTech had invented and patented aspects of the technology that Moderna used before it had obtained its patents. Pfizer/BioNTech, of course, declined to take a license.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

Inventor 52

Inventor Moral Rights Patent Invention 52

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. Topical Highlight. Thematic Highlight.

Licensing 83

Licensing Government Reporting Patent Law 83

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too. Requirements for patentability. the requirements for patentability are- Novelty, inventive step, industrial application.

Patent 52

Patent Invention Artwork Confidentiality 52

LexBlog IP

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Patently-O

APRIL 11, 2024

Section 271(f) deals with the exportation of components of a patented invention with an intent to assemble them abroad. Unlike § 271(f), § 271(a) has explicit territorial limits, limiting infringement acts of making, using, selling, or offer to sell the invention within the United States. 271(f) in WesternGeco LLC v.

Patent 80

Patent Invention Technology Patent Law 80