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. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search.

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The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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IP Branding Brands Branding 132

Larson & Larson

JUNE 1, 2021

Your idea may be considered obvious by the examiner if a prior reference or a bunch of prior references have all the elements that go into your idea. Novelty is about prior art: can your examiner point to a thing already in the public domain that is practically a kissing cousin of your thing? The Appeals Process.

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Patent Public Domain Inventor Invention 52

IP and Legal Filings

SEPTEMBER 12, 2022

Subject matter of a copyright is covered under section 13 of the Copyrights Act 1957 (hereby referred to as the Act) which subsists of the following: Literary Work. The picture was released in Public Domain without permission, which is the issue with this. Copyrighting Art. Subject Matter of Work. Cinematographic Work.

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Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

JUNE 15, 2023

Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain. A part of TK is exposed for patent review whereas the rest is kept undisclosed. With protecting their TK as trade secrets, the community at aim as perpetual ownership.

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Ownership Privacy Public Domain Copyright 79

IIPRD

JUNE 6, 2022

The term “Traditional Knowledge” is defined as “Traditional knowledge relates to local and indigenous cultures’ awareness, inventions, and customs all over the world. Because it has been taught, sung, danced, drawn, sculpted, sung, and performed for thousands of years, it is generally referred to as an oral tradition.

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Intellectual Property Invention Copyright Patent 40

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. The invention can be patented as for the first-time researchers have shown such effects with consortia of bacteria and fungi.

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Art Patent Public Domain Invention 52

IP and Legal Filings

MARCH 29, 2022

“Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. DIFFERENT COMPONENTS IN FORTIFYING E-COMMERCE.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

IP and Legal Filings

OCTOBER 4, 2022

The knowhow is protected from unlawful use, disclosure or announcement by third parties so long as it has not been previously published or placed into the public domain. Marketing protection granted in another reference country expires at the same time as its patent coverage expires there.

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Intellectual Property Law Business Designs 52

43(B)log

FEBRUARY 19, 2022

Wheaton is about no federal perpetual copyright, but it is also about what is common/public property as opposed to private property. The only mention in leg history of facts refers to the sweat of the brow doctrine. Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c)

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Copyright Moral Rights Artwork Art 59

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.

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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.

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Technology Patent IP Invention 52

SpicyIP

APRIL 24, 2022

But then I wonder in this context – what is welfare , and whose welfare are we referring to – creators, public, society, industry, nations, world, unborn kids, law firms ( sarcastically )? But yes – IPR usually refers to that – the IP holder’s ability to stop others from making use of their works.

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IP Copying Intellectual Property Copyright 136

SpicyIP

NOVEMBER 15, 2022

The High Court referred to the terms of the assignment deed and ruled that “ what was agreed between the parties is traditional mode of exhibiting the cinema as could be contemplated by both parties by then, but after technical advent of exhibiting film through satellite has become available. In the present case the Assignor (Defendant no.

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Trademark Patent Copyright Designs 105

The IPKat

MARCH 7, 2022

The Supreme Court of Ireland has referred questions to the CJEU on the correct interpretation of the SPC Regulation as it pertains to combination products ( Merck v Clonmel ( [2022] IESC 11 ). Furthermore, the primary inventive contribution of the patent was the disclosure of ezetimibe, and not its combined use with simvastatin.

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Art Public Domain Invention Marketing 117

IIPRD

MAY 4, 2023

Introduction A “patent” is a right granted by a state to an inventor for a fixed period i.e., 20 years in India in exchange for the disclosure of the invention. The fundamental patentability criteria are universal namely: novelty, inventive step, non-obviousness and industrial applicability.

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Intellectual Property Invention Public Domain Patent 52

SpicyIP

SEPTEMBER 15, 2023

In this post, we will be discussing the proposed amendments which, if passed, can alter the key flexibilities of working statement requirement, pre-grant opposition, information about foreign applications and disclosure of invention claimed divisional application.

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Patent Invention Public Domain Patent Application 105

LexBlog IP

MAY 19, 2023

Furthermore, the SCOTUS decision was influenced by the existence of a licensing agreement between Goldsmith and Vanity Fair, which permitted a one-time use of her photograph as an “artist reference for an illustration.” The pre-existing licensing agreement was also a significant aspect of this case.

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IP and Legal Filings

MAY 3, 2023

The definition of “ original ” as most people understand it refers to something that has never been done before by any person. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. A publishing company called Feist Publications Inc.

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Copyright Public Domain Copying Publishing 85

The IPKat

OCTOBER 4, 2021

In the 1970s, Nestlé invented a hermetically-sealed capsule containing a dose of ground coffee, and a "Nespresso" coffee machine in which to insert the capsule. To interpret the term "technical necessity", the Federal Supreme Court referred, inter alia, to the decisions Lego C-48/09 and Philips C-299/99 of the CJEU. Generic license.

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LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

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Invention Patent Application Patent Licensing 52

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

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Art Invention Public Domain Publishing 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 75

SpicyIP

APRIL 29, 2023

However, it is commonly accepted that for information to be construed as confidential, the said data must possess the requisite element of confidence, must have some commercial value and cannot be in the public domain. This follows from the Bombay High Court’s reference to Zee Telefilms Ltd. Sundial Communications Pvt.

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Confidentiality Contracts Public Domain Marketing 130

IIPRD

OCTOBER 18, 2022

IPR means legal protection to protect data from new inventions. In exchange for being required to reveal the formula or strategy behind the process, these rights allow the owner to prevent imitators from commercializing the inventions or processes for the specified period of time.

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Intellectual Property Law Intellectual Property Public Domain Invention 52

SpicyIP

JANUARY 18, 2023

In fact, it may well be argued, that opposition helps the examination process and results in better patent grants (Refer UCB Farchim ). So, this worry on ‘fronted’ oppositions is actually focusing on the minor issue of identity, which has, as we have seen above, no real adverse impact on the patent examination process.

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Patent Application Reporting Public Domain Patent 141

The IPKat

APRIL 2, 2024

The judge emphasised that there is no invention in merely identifying a new chemical compound, and that the invention must lie in identifying the utility. The EBA’s decision states that the two approaches give the same result and referred to various national cases. Desserts 10.

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LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. A typeface is sometimes referred to as a “font,” although these two concepts are slightly different (technically, a font is a typeface having a specific size). Design patents protect the look of something functional, regardless of whether the functional aspects are new.

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IP and Legal Filings

MARCH 14, 2023

A Short Description Of Traditional Knowledge Although the term “traditional knowledge” lacks a precise definition, it is commonly accepted that it refers to a wide range of information that has been created via traditional practises that are fundamental to Indigenous or traditional cultures.

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

SpicyIP

APRIL 17, 2023

Offering an alternative, she argues that instead of looking at the Amendment Bill, the judicial orders and judgements by the Indian courts should be the source of reference for the upcoming Diplomatic Conference on IP, Genetic Resources and TK. Not re-examining the re-fled application. Case: M/s Mahavir PVC Cables Factory v.

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Advertising Advertising Confidentiality Trademark 105

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection. The position of the precedent set by the Supreme Court in Vidya Drolia and Ors.

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IP Intellectual Property Copyright Trademark 143

43(B)log

AUGUST 12, 2022

A: the point of comparison they had in mind was whether they’d push for more credit for themselves—it’s their reference point, but the consequences of proportional split are not certain. Payoffs: Facts as part of larger public domain that needs to grow and not shrink. Think about how facts can support the public interest.

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IP Public Domain Music Copyright 72

Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patent law, 35 USC §§ 1 et seq.

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Intellectual Property Inventor Invention Copyright 52