SpicyIP

AUGUST 19, 2023

This becomes evident from the following amendments: Patents: Reduced penalty for failure to file or refusal to file Form 27 (working requirements) : As per Section 84(c), patents need to be ‘worked’ in India failing which competitors can obtain compulsory licenses to make and sell the patented invention.

Business 98

Business Licensing Copyright Government 98

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. However, the breadth of that ability has been the subject of debate and legal action. One statute, 35 U.S.C. § Intri-Plex Techs.,

Litigation 52

Litigation Government Designs Design 52

Patent Trademark Blog

MARCH 30, 2022

How to Review a Draft Office Action Response. Expect at least one Office Action in your nonprovisional patent application. Since rejections are inevitable, it pays to know how to review an Office Action response. How to Review Claim Amendments in an Office Action response.

Patent Application 52

Patent Application Art Patent Invention 52

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Read SpicyIP intern Gaurangi ‘s post on this development.

Designs 105

Designs Design Invention Registration 105

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

Bio Law Blog

NOVEMBER 15, 2021

Civil Action No. The ChromaDex litigation goes back to September 2018, when ChromaDex filed an action alleging infringement by Elysium’s dietary supplement BASIS® that includes NR. The court found the asserted claims did not contain an inventive concept. Elysium Health, Inc. 21, 2021) ( ChromaDex ). Patent Nos.

Patent 52

Patent Invention Litigation Contracts 52

The IP Law Blog

NOVEMBER 18, 2021

Under the America Invents Act (AIA), 35 U.S.C. § Patent and Trademark Office (the PTO) to review and potentially cancel claims in an already-issued patent that the PTO finds to be unpatentable in light of prior art. An IPR functions similar to a civil litigation once instituted. 100 et seq. , a party may ask the U.S.

Litigation 75

Litigation Patent Technology Invention 75

LexBlog IP

NOVEMBER 2, 2023

Copyright Office and U.S. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent and Trademark Office (USPTO), Kathi Vidal, to provide guidance on AI’s role in patent inventorship and support for patent practitioners.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Copyright Office and U.S. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent and Trademark Office (USPTO), Kathi Vidal, to provide guidance on AI’s role in patent inventorship and support for patent practitioners.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Adding to this, the court recently set aside three such orders from the IP Offices in one day!

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

Trademark 52

Trademark Patent Copyright Confidentiality 52

SpicyIP

JANUARY 9, 2023

Wheels of Trademark Go Round-and-Round: Analyzing the ‘Yezdi’ Order of Karnataka High Court. Registrar of Trademarks and Ors., Regarding the implication of the decision on IP, he interprets the judgment to extend the concept of State and its instrumentalities to include any in rem/ public action by anyone. Other Posts.

Trademark 105

Trademark IP Registration Reporting 105

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Braeburn instituted an action against the FDA, alleging that the agency’s interpretation barring its drug was arbitrary and capricious. [ix]. Background.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Trading Secrets

NOVEMBER 2, 2023

Copyright Office and U.S. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent and Trademark Office (USPTO), Kathi Vidal, to provide guidance on AI’s role in patent inventorship and support for patent practitioners.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Patent Trademark Blog

JUNE 20, 2023

Not only does your invention need to be described in gory detail using both written text and drawings, your claims need to be written strategically to balance competing interests. If so, are you prepared for the inevitable rejections and the cost of filing multiple Office Action responses ? How do you choose?

Patent Application 52

Patent Application Patent Art Designs 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. [ This Weekly Review is co-authored with SpicyIP Intern Sidhi Pramodh Rayudu.

IP 59

IP Trademark Advertising Advertising 59

More Than Your Mark

NOVEMBER 30, 2018

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Patentability. Further yet, it may surprise some that the U.S.

Patent 52

Patent Invention Patent Infringement Blogging 52

SpicyIP

JULY 23, 2023

Case Summaries Delhi High Court grants a permanent injunction to Allied Blenders in a trademark infringement case concerning ‘Officers Choice’ Image from here Allied Blenders and Distillers Pvt. Wine/Spirits.’

Trademark 98

Trademark IP Higher Education Moral Rights 98

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 20, 2022

discuss recent post-grant developments at the United States Patent and Trademark Office (USPTO). In April 2022, Kathi Vidal assumed office as Director of the United States Patent and Trademark Office (USPTO or Office), ushering in a new era for the agency. Attorneys Nicholas Stephens and Casey Kraning, Ph.D.

Journalism 74

Journalism Patent Art IP 74

Kashishipr

SEPTEMBER 29, 2022

For instance, a trademark safeguards the brand name, slogan, logo, tagline, etc., Patents safeguard novel inventions and innovations. Patents safeguard novel inventions and innovations. Due to the said Trademark Infringement , they got five lac rupees as damages. associated with a product.

Branding 52

Branding Brands Branding Intellectual Property 52

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same. Image from here. The Shape of Shape Marks in India. Call for Papers/ Submissions . 13 [Submissions by December 30, 2022]. Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. The country has witnessed a substantial increase in patent and trademark filings, aiming to elevate its IP office to a prominent global position.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

LexBlog IP

APRIL 12, 2023

Finally, a third intriguing development is the US Copyright Office’s March 16, 2023 guidance on works containing material generated by artificial intelligence, which raises the question of what words like “author” and phrases like “human creativity” mean. ” Note, Legal Cause In Actions of Tort, 25 Harv L.

Law 52

Law IP Intellectual Property Copyright 52

LexBlog IP

NOVEMBER 18, 2021

Under the America Invents Act (AIA), 35 U.S.C. § Patent and Trademark Office (the PTO) to review and potentially cancel claims in an already-issued patent that the PTO finds to be unpatentable in light of prior art. An IPR functions similar to a civil litigation once instituted. § 100 et seq. ,

Litigation 40

Litigation Patent Technology Invention 40

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. For battery-related patents, in particular, it is important to consider where and how big the present markets are for the invention. Enforcement and litigation considerations.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

In November 2019, the agency sent warning letters to 15 companies, but it has taken little further action since then. Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. A new CBD policy is reportedly under development by the FDA. Patent Prosecution.

IP 52

IP Registration Trademark Branding 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

1] a Federal Circuit panel in 2019 held that Patent Trial and Appeal Board judges were “principal” officers who needed to be appointed by the president and confirmed by the U.S. Patent and Trademark Office. Smith & Nephew Inc.,[1] Senate, but they had not been. Nike Inc.,[6] And in Grit Energy Solutions LLC v.

Art 40

Art Litigation Invention Technology 40

The IPKat

JANUARY 9, 2022

She described her role as leading a team that “looks external to WIPO to ask how do we get women involved in the invention, creation, and innovation processes, and how do we make sure they’re well-served within the IP system.” That said, WIPO is in the process of trying to bring people back to the office by the end of 2021.

Reporting 57

Reporting Law IP Patent 57

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. In Arthrex , a 5-4 majority concluded that the America Invents Act’s 35 U.S.C. § Reynolds filed a “ Notice of Sotera Stipulation Filing ” on July 23, 2021 in its parallel district court litigation in the Eastern District of Virginia.

Reporting 52

Reporting Art Invention Patent 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143