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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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”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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JD Supra Law

AUGUST 11, 2022

Sullivan answers these questions and breaks down the requirements needed before filing an application with the U.S. Patent and Trademark Office. David provides technical and practical insight into the application process starting with an inventor’s abstract idea, and ending with a formal patent application.

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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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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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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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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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JD Supra Law

OCTOBER 6, 2021

patent law. Patent and Trademark Office's (USPTO) decision that refused to allow Thaler's two patent applications to proceed because he listed DABUS (an AI machine) as the inventor. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v.

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. Conclusion AI-assisted inventions come with their own set of legal risks.

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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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Patent Trademark Blog

JANUARY 12, 2023

Obviously, if you do not find an attorney’s name on this directory, they do not and can not file patent applications for others. They can still practice trademark or copyright law. Second, the Status column tells you whether a practitioner is a patent attorney or agent.

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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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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. When possible, sellers should build a patent portfolio around their product to ward off competitor listings of infringing products. Registering trademarks with the U.S.

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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LexBlog IP

APRIL 12, 2023

“Yes, the law is about words.,” And Ken White noted more recently that “the entire project of the law is about words meaning specific things.” Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. One is the case of Abitron Austria GMBH v.

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Patently-O

APRIL 24, 2023

However, both the United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit (CAFC) maintained that US patent laws require a human inventor, and as a result, they refused to consider Thaler’s patent application.

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LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in Patent Law, 74 Vand. & Trademark Off. 521 (2021).

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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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 IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C.

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LexBlog IP

MAY 25, 2023

This strategic enhancement offers the much-needed insight into how the USPTO interprets the scope of patent eligible subject. As the landscape of patent law continues to evolve, it is crucial to stay updated on the latest developments, particularly in the area of subject matter eligibility. One such law is 35 U.S.C. §

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LexBlog IP

DECEMBER 13, 2023

Eliezer Accelerating Innovation: Navigating the USPTO’s New Path for Semiconductor Patents The United States Patent and Trademark Office (USPTO) recently announced an important initiative that could significantly impact the semiconductor industry. Intellectual property LAW GROUP Yuri L. Eliezer, Managing Partner A.

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The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas.

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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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LexBlog IP

FEBRUARY 25, 2024

The United States Patent and Trademark Office (USPTO) last week issued inventorship guidance for artificial intelligence (AI)-assisted inventions. The various patent office decisions explained that under current patent laws, inventorship is limited to a natural person(s). So what’s a patent applicant to do?

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Who can provide for patent rights?

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Patent Trademark Blog

SEPTEMBER 28, 2022

If you filed any foreign patent applications, make sure to get the contact information of the foreign associate for each case. Find Out Which Patent Applications Are Related. For example, let’s say a pending US utility nonprovisional patent application is related to an international PCT application.

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Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?

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SpicyIP

MAY 28, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 3 posts, 4 case summaries, and other IP developments that took place last week. Other Posts Trademark musings to beat the Monday Blues!

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Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

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Canadian Intellectual Property Blog

NOVEMBER 23, 2020

The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #5: Even if my invention is in an early stage of development, I can still file a “quick and dirty” U.S. provisional application A U.S. Despite the fact that the formality requirements for U.S.

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LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. The post Can You Patent Your Idea?

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