Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed.

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Patent Law Law Inventor Patent 95

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?

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Patent Inventor Invention Intellectual Property 92

LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. or by telephone at +65 6956 9943.

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Invention Patent Intellectual Property IP 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. Image Source: Shutterstock].

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Patent Law Law Patent Intellectual Property 52

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

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Reporting Patent Law Law Patent 140

Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Sonos Inc. 6, 2023).

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Patent Patent Prosecution Invention Inventor 126

IP Watchdog

JANUARY 18, 2023

The House of Representatives’ Judiciary Committee—Subcommittee on the Courts, Intellectual Property and the Internet (IP Subcommittee) writes patent law and is responsible for other patent-related initiatives. A country’s patent laws directly affect its innovation economy.

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IP Intellectual Property Patent Law Invention 130

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. Cue our story.

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Patent Troll Marketing Marketing Patent 86

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.

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Patent Invention Patent Law Designs 52

IPilogue

DECEMBER 14, 2022

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Controversy and uncertainty in the field of patent eligibility have resulted in decade-long fights over what can be patented and what cannot be, especially regarding diagnostic tests. History of Patenting Diagnostic Methods.

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Patent Invention Inventor Patent Law 105

LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Patent Nos. Zenith Goldline Pharms.,

Patent Law 52

Patent Law Patent Law Art 52

Patently-O

FEBRUARY 13, 2024

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict. Google LLC , No. C 20-06754 WHA, 2023 WL 6542320 (N.D.

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Patent Patent Prosecution Patent Law Marketing 98

Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Dr. Core conceived of the invention while pursuing a Ph.D. 23-1001 (Fed.

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Ownership Patent Invention Contracts 40

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

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Law Patent Settlement Inventor 52

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.

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Patent Intellectual Property Ownership Invention 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 114

The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? 59 (4) of the Patents Act, Botschaft , 11, 12).

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Patent Patent Application Invention Intellectual Property 134

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.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). patent, which it did not receive until” later.

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False Advertising Advertising Advertising Patent 59

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.

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Business Inventor Patent Licensing 98

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. Its patents at issues here relate to a polymer having a high melt flow to allow high-speed extrusion to cover electrical wires. Patent Nos. However, our invention] has a very narrow molecular-weight distribution. Kaulbach prior art patent. by Dennis Crouch.

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Invention Art Marketing Marketing 126

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

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Patent Licensing Intellectual Property Technology 52

Garrigues Blog

NOVEMBER 8, 2022

Under the European Patent Convention (EPC) and national patent regulations in the countries that adhere to the Convention, which include Spain, an invention is patentable if it fulfills, among other requirements, the inventive step requirement ( article 54(1), (2) EPC and article 4(1) of Patents Law 24/2015 ).

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Patent Invention Patent Application Inventor 52

Patently-O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (OTDP).

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Patent Invention Art Patent Law 45

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.

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Patent Invention Inventor Technology 52

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.

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Law Patent Invention Intellectual Property 109

Patently-O

MAY 9, 2024

by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. 102 or 103). This is a major proposal that fundamentally alters the effect of terminal disclaimers.

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Patent Application Invention Patent Government 84

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.

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Marketing Marketing Invention Patent 126

Patent Trademark Blog

DECEMBER 8, 2021

Why do patent grace periods matter? Procrastinating can be an unforgiveable offense when it comes to patenting. Nearly every country has a timing requirement for filing patents. Tardiness can lead to an irrevocable loss of patent rights. Are there any patent grace periods that might give inventors more time to file?

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Inventor Patent Invention Patent Application 40

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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Litigation Law Patent Invention 52

Patently-O

MARCH 28, 2024

The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner. In KSR Int’l Co. Teleflex Inc. ,

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Art Invention Patent Patent Law 58

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. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. WHY ARE INTELLECTUAL PROPERTY RIGHTS IMPORTANT FOR STARTUPS?

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Intellectual Property Cease and Desist Invention Branding 52

Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

This article is part of a series on commonly held misconceptions about patents. Many prospective patentees often have unfounded reservations about patenting their inventions. The aim of this series of short articles is to debunk these common myths around patent protection.

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Patent Invention Patent Application Intellectual Property 52

Patently-O

MARCH 7, 2024

Celanese began selling the product on the competitive market in 2011, and eventually decided to file for patent protection on its manufacturing process in 2015. 102, a patentee’s pre-filing sale of a product made by a secret process starts the one-year clock for patenting that process. In my prior post on Celanese v.

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Inventor Invention Art Patent 45

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. ” The decline in MPF claims can be linked to several legal decisions and changes in patent doctrine.

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Invention Patent Application Technology Patent 63

LexBlog IP

SEPTEMBER 8, 2021

Knowing this, a friend recently directed me to a podcast from a well-known marketing guru who was giving advice about intellectual property, and patents in particular, during one of his episodes. Patent and Trademark Office gave away process patents like candy. In reality, what is patentable is set out by statute.

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Patent Invention Intellectual Property Inventor 52

IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. They accused the defendants (T.V.S. Motor Company Ltd.)

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Invention Patent Patent Infringement Technology 66