Intellectual Property Brief

MARCH 23, 2023

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. Minerva Surgical Inc. filed a patent for a medical device called the Aurora. The Aurora is.

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LexBlog IP

FEBRUARY 7, 2024

against a news publication using the term “Punchbowl,” even though the publication was an expressive work. The Ninth Circuit, relying on Jack Daniel’s, also recently refused to apply Rogers and revived a trademark infringement suit brought by Punchbowl, Inc. Read more

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IP Law 360

NOVEMBER 14, 2022

The Ninth Circuit on Monday solidified a trademark win by former Politico reporters who started Punchbowl News, ruling that the publication's use of a Boston party and event planning startup's "Punchbowl" trademark is beyond the Lanham Act's scope.

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LexBlog IP

NOVEMBER 7, 2021

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

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IP Tech Blog

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

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IPilogue

MARCH 27, 2023

Therefore, although someone may use the original version of Mickey Mouse in a work, they are not able to use this version of Mickey Mouse for any branding purposes or any purpose that would cause consumers to be confused about the source of the Mickey Mouse product.

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IP and Legal Filings

JULY 8, 2022

b) an industrial design that is contrary to public order or morality. (c) Author: Saransh Chaturvedi (Advocate, LLM (IIT Kharagpur) – in case of any queries please write back us via email at support@ipandlegalfilings.com or at IP And Legal Filings.

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IP and Legal Filings

APRIL 23, 2024

The eminent domain is the power of the sovereign to acquire property of an individual for public use without the necessity of his consent. Eminent Domain was a policy adopted by Britishers against the tribal land which is similar to nowadays ‘eminent domain’ policy followed by the State. This power is based on sovereignty of the State.

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LexBlog IP

OCTOBER 3, 2022

The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. Patent rights under federally funded research.

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Garrigues Blog

JANUARY 12, 2022

To qualify for the “prior use” exception, the third party must have acted in good faith and the preparation acts carried out before the priority date must have been oriented towards real commercial use of the invention. All of us at the Garrigues IP Blog would like to wish you a very happy new year.

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LexBlog IP

SEPTEMBER 27, 2023

If a trademark registration in a member country is the object of a cancellation action for lack of use, the owner may defend the registration by evidencing sufficient, continuous, and public use of the trademark in any of the countries of the Andean Community.

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LexBlog IP

SEPTEMBER 27, 2023

If a trademark registration in a member country is the object of a cancellation action for lack of use, the owner may defend the registration by evidencing sufficient, continuous, and public use of the trademark in any of the countries of the Andean Community.

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

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LexBlog IP

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

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Invention Confidentiality Privacy Public Use 52

IPilogue

MARCH 27, 2023

Therefore, although someone may use the original version of Mickey Mouse in a work, they are not able to use this version of Mickey Mouse for any branding purposes or any purpose that would cause consumers to be confused about the source of the Mickey Mouse product.

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Public Domain Copyright Law Copyright Registering Trademarks 40

Biswajit Sarkar Copyright Blog

JULY 19, 2022

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content.

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Patently-O

MAY 19, 2022

A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Duncan Parking Techs., 3d 1347 (Fed. a) Novelty; Prior Art.—A

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LexBlog IP

APRIL 19, 2023

Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

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IP Whiteboard

AUGUST 30, 2020

communicate the work to the public. Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. an exception permitting the use does not apply. Texteam Blackburn Limited and Another [1973] F.S.R. 241, [255]. [5]

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LexBlog IP

OCTOBER 24, 2022

Identification of any publication, sale, offer for sale, or public use of the subject invention, or publication of the invention. If the subject invention was submitted for publication, it should also indicate whether the invention was accepted for publication.

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The IP Law Blog

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. A patent applicant is not entitled to a patent when the claimed invention was “in public use… more than one year prior to the date of the application for patent in the United States.”

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43(B)log

FEBRUARY 19, 2022

Jessica Silbey: Aesthetics, politics, and religion as categories that the Court uses. IP keeps the categories separate for exceptions purposes, but the SCt probably doesn’t. Do you really want to flatten that out in IP? How would you understand megachurch/religion as big business. What do we do with that?

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TorrentFreak

JULY 13, 2023

. – AGCOM will be given powers to order service providers, including network access providers, to disable access to content distributed illegally online, by “blocking the resolution of domain names using the domain name system (DNS) and blocking the routing of network traffic to IP addresses uniquely intended for illicit activities.”

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LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. § 101 rather than a plant patent under 35 U.S.C. §

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LexBlog IP

FEBRUARY 14, 2023

A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. A basic typeface is a set of characters and numerals, e.g., each of the 26 letters and the numerals 1 through 10.

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IPilogue

FEBRUARY 8, 2022

This means that this name has become the name the public uses broadly to identify the goods or services and no longer identifies the brand. For example, escalator used to be a trademark, but is now generically used to identify all types of moving staircases.

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Intepat

JANUARY 17, 2023

No exclusivity can be claimed over anything which is not disclosed in the complete specification and would subsequently become open to public use. The post Understanding The Patent Specification Of An Invention appeared first on Intepat IP.

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43(B)log

AUGUST 12, 2022

Critiques of utilitarianism can be normative: IP can/should be shaped to foster attractive culture, etc. Separation principle: separate fertile from infertile innovation; strong IP should apply against producers/consumers, but weak IP should apply against innovators. Qualitative hedonism. Macro can make a difference—e.g.,

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SpicyIP

JANUARY 5, 2024

These are (i) failing to effectively realise the subject innovation; (ii) the need to alleviate unaddressed health or safety needs; (iii) failure to meet the requirements of public use of the invention; and (iv) failure of contractual obligations, especially under s.

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Invention Government Intellectual Property IP 69

Kashishipr

NOVEMBER 10, 2021

To Facilitate Governmental Use : The governmental use of a patent is regarded as based on ’eminent domain,’ which means that the government can acquire private property to make public use possible.

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LexBlog IP

JANUARY 5, 2022

Copyright Conundrums, Sovereign States, and IP Piracy (2020). And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

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LexBlog IP

OCTOBER 25, 2022

How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( g., “on sale” or prior public use)?

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LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

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LexBlog IP

JANUARY 10, 2024

But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that may interest more than just IP attorneys), and titles a bit of fun (so we can draw in those looking for a bit of lightness amid more serious legal analysis). ’” Id. ’” Id.

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