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? Who can file a patent application?

Patent 92

Patent Inventor Invention Intellectual Property 92

IP Tech Blog

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 67

Licensing Patent Application Patent Prosecution Invention 67

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. This therefore concludes this fourth round of amendment to the PRC Patent Law.

Patent 52

Patent Invention Patent Law Designs 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. Again in the case of Mosanto holding Pvt.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 118

Design Patent Designs Design Patent 118

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 98

Business Inventor Patent Licensing 98

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. The benefits of patenting are manifold.

Patent 52

Patent Intellectual Property Ownership Invention 52

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

Intellectual Property Law Blog

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”). 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

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

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

Patent 52

Patent Patent Application Government Reporting 52

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

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. As the U.S. Copyright Office. then it is no longer a trade secret.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

IPilogue

MARCH 1, 2023

The students explored an interesting and complex moot problem about infringement of a patent protecting a novel method of using W-band frequencies for telecommunications. 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

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

Patently-O

APRIL 11, 2024

United States patents are generally territorial. Or so one may think reading the Patent Act. It would be simpler for a patent holder to just use the U.S. patent to cover foreign activity. So, when – if ever – can a patent owner receive damages for foreign activity that may flow from acts of domestic infringement?

Patent 81

Patent Invention Technology Patent Law 81

Intepat

MAY 30, 2023

Recent developments In the year 2019, DRDO modified its Intellectual Property Rights (IPR) policy to grant the Indian industry royalty-free access to patents for the technologies developed by it and detailed guidelines on the subject have been issued. This license shall be renewable after five years, on request, without any extra cost.

Patent 52

Patent Licensing Intellectual Property IP 52

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

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

Patent 72

Patent Patent Application Intellectual Property Law 72

SpicyIP

JANUARY 15, 2023

Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The Parliament is considering a bill that decriminalises offences across 42 statutes. here , here and here ).

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

Is the protection of patent available for website? 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

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

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

IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

Inventor 52

Inventor Moral Rights Patent Invention 52

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

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.

Licensing 105

Licensing Litigation Technology Patent 105

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 71

Ownership Patent Law Invention Licensing 71

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

Patent Trademark Blog

SEPTEMBER 28, 2022

Has your patent attorney retired? If your patent attorney has retired or will retire soon, don’t freak out. You will ultimately need to find a new patent practitioner, and this guide on how to choose a patent attorney may help. Get a List of Your Patent Filings and Deadlines.

Patent 52

Patent Due Diligence Patent Application Art 52

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

The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Licensing or exceptions to copyright for text and data mining (TDM), which is often significant in AI use and development.

Government 136

Government Copyright IP Invention 136

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

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. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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Invention Contracts Licensing Inventor 82