Patent Trademark Blog

AUGUST 24, 2023

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control.

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IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! About the Patent Drafting Competition. The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. There is an old maxim in patent law, which states: “That which infringes if later, anticipates if earlier.” 2020-1940 (Oct. SurgiSil , at *3.

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IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.

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LexBlog IP

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”).

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SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh.

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Patent Trademark Blog

APRIL 5, 2023

One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Our foreign patent experience has enabled us to counsel our clients on what to expect when filing patents worldwide.

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The IPKat

SEPTEMBER 21, 2022

While many Congress attendees from around the world lined up for the Unified Patent Court boot camp and mock trial panels, this Katfriend opted to sample the day’s selection of soft IP offerings. Would You Like Some IP With Your Wine? On the US side, the metaverse fluent Ms. a of the Design Directive. Quentin Tarantino et al.

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The IPKat

AUGUST 29, 2021

This Kat is just hanging out While the summer winds down, why not while away the hours with news and views from around the IP blogs? Copyright The Kluwer Copyright Blog gave an update on EU copyright law developments for the second trimester of 2021, including insights into the cases and referrals coming up soon.

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LexBlog IP

MAY 12, 2023

This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement. Patenting an invention requires pinning down the correct inventorship. Yet, the U.S.

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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IP Watchdog

JULY 15, 2022

In its decision, the court, while setting a new test, rejected, for the second time, a problem-solution approach to claim construction followed by the Canadian Intellectual Property Office (CIPO) in examining patent applications.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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LexBlog IP

MAY 31, 2023

patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor. Patent Law requires all inventor(s) to be listed.

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The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas. 12/20/2023) 2023 U.S.

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The IPKat

JULY 22, 2022

The proposed Design Law Treaty (DLT) The Treaty aims to streamline the international system for protecting designs, making it easier, faster, and cheaper by accelerating the procedures and eliminating red tape. This is referred to as a proposed new ‘patent disclosure requirement’.

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Patent Trademark Blog

JANUARY 12, 2023

Of course, this total does not include all the international and foreign patents I’ve handled. How to Check If A Lawyer Is A Patent Attorney. While many lawyers like to call themselves an IP attorney, not everyone IP attorney is a registered patent attorney. They can still practice trademark or copyright law.

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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.

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The IPKat

JANUARY 12, 2024

If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. Here is the blurb and you can register here : "The Retained EU Law (Revocation and Reform) Act 2023 (REULA) received Royal Assent in June 2023 and will enter into force on 1 January 2024.

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IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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The IPKat

MAY 19, 2024

These AI generated structures may be included in patent applications or simply published in depositories on the internet. This approach could be used as a strategy by patent trolls or those looking to block others from patenting new structures.

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IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic.

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SpicyIP

MARCH 21, 2024

This report which is mandated under American law and placed before the US Congress, requires the USTR to conduct a review of the intellectual property (IP) laws and enforcement policies of American trading partners in order to identify those laws or practices which maybe detrimental to American interests.

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IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations.

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IP Watchdog

APRIL 15, 2022

patent law. patent law.

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The IP Law Blog

MAY 14, 2021

The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support. The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds. Quick answer: no! The PTAB affirmed the examiners’ rejections.

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LexBlog IP

DECEMBER 13, 2023

Key aspects of the STPP include: Expedited Examination : The program offers a faster review process for patent applications related to semiconductor manufacturing, thereby reducing the time it takes to obtain patent protection for new innovations. Intellectual property LAW GROUP Yuri L. Schedule a Consultation Today!

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Patently-O

AUGUST 21, 2022

Recent Headlines in the IP World: Blake Brittain: Search For New Patent Hub Begins After Court Ends Waco’s Hold On U.S. Foo Yun Chee: Illumina Offers Patent Licenses To Rivals, Patent Truce With BGI – Sources (Source: Financial Post). Greg Reilly: Patent Office Power & Discretionary Denials (Source: SSRN).

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Traverse Legal Blog

NOVEMBER 16, 2021

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. Have all conveyances, including assignments, been properly recorded for the IP assets with the respective IP offices?

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Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

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IP Blog

SEPTEMBER 2, 2020

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Copyrighting, meanwhile, only offers partial coverage for the exact source code, while other types of IP protection simply do not apply.

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

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IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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