The IPKat

FEBRUARY 19, 2023

Do common law doctrines such as the doctrine of (un)clean hands apply in the consideration of a patentee's claim for patent infringement in South Africa? Background The case was about the trial court’s decision refusing Villa Crop’s application for leave to amend its pleadings (i.e., Patentee not the patent!

Intellectual Property 52

Intellectual Property Patent Infringement Law Patent 52

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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Reporting Patent Law Patent Application Patent 136

Patent Trademark Blog

DECEMBER 11, 2023

How is a patent attorney different than Amazon seller attorneys? Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Is a patent attorney specially licensed?

Patent 52

Patent Patent Infringement Licensing Litigation 52

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Lite-Netics owns multiple patents on magnetic holiday string lights. Patent Nos.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Law Litigation 52

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

Patent 52

Patent Patent Application Government Reporting 52

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. Market research may also help down the road in preventing Patent Infringement actions.

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Marketing Marketing Inventor Invention 119

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Maximizing Patent Term Extension(PTEs) Korea’s patent term extension (PTE) is flexible in enabling the potential for multiple extensions.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

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Litigation Law Patent Invention 82

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

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Dorsey’s Patent group. Source: SCRIBD.

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Patent Inventor Journalism Intellectual Property 113

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Search and its Importance.

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Patent Patent Application Inventor Invention 78

JD Supra Law

NOVEMBER 14, 2022

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel doctrine has been stipulated many times. By: Linda Liu & Partners

Patent 52

Patent Patent Application Patent Infringement Patent Law 52

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

Patent 97

Patent Invention Litigation Law 97

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Designs Design Patent 134

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Patently-O

DECEMBER 4, 2022

Recent Headlines in the IP World: Matt Birney: Proteomics Secures Hong Kong Patent for Kidney Disease Test (Source: The West Australian). Jesse Coghlan: Apple Job Listings and Patents Hint at Foray into ‘3D Mixed-Reality World’ (Source: Cointelegraph). New Job Postings on Patently-O: Klarquist – Computer Science Attorney or Agent.

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Patent Journalism Patent Application IP 62

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Kashishipr

DECEMBER 28, 2021

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Conducting FTO Analysis Based on Patent Literature Search.

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IP Patent Invention Licensing 105

The IP Law Blog

OCTOBER 7, 2021

There are many requirements for obtaining a patent. 112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.

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Patent Invention Patent Infringement Inventor 98

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021.

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Patent Intellectual Property Invention Inventor 102

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality. 35 USC section 171.

Design Patent 52

Design Patent Designs Design Patent 52

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Troll Patent Inventor Intellectual Property 98

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

SEPTEMBER 5, 2023

How do you know if your product is covered by a patent? After a long journey, you finally get your utility patent approved on your product concept. So now you’re selling the patented product. But, what if your patent does not actually cover your product? Are you selling a patented product or not?

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Patent Design Patent Licensing Patent Application 52

The IPKat

FEBRUARY 22, 2023

Here’s what you missed from the IPKat last week: Copyright Chiara Gallo reported on the happenings at this year’s edition of the Sanremo Music Festival, and discussed how Italian copyright and criminal law protect street art.

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Editing Music Patent Application Patent Infringement 67

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. When an invention has reached the stage where it is reduced to practice, it is ready for patenting. There is always confusion among inventors as to when will be the ideal time for claiming a patent. Patents are territorial rights.

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Inventor Invention Patent Patent Application 52

LexBlog IP

MARCH 6, 2023

Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry. 1] The asserted patents were: U.S. Patent No. Patent No. 2:21-cv-08756-JWH-SHK, ECF No. 23, 2022). [1]

Litigation 52

Litigation Patent Design Patent Patent Application 52

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

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Marketing Marketing Settlement Patent 162

LexBlog IP

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.” § 101. §101. .”

Law 52

Law Invention Patent Intellectual Property 52

The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Patently-O

JANUARY 4, 2024

Hsuanyeh Law Group v. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. 2013 WL 6242843, at *1 (N.D.

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Plagiarism Fair Use Copying Copyright Infringement 122

IP Watchdog

DECEMBER 31, 2021

The Federal Circuit issues precedential decisions finding Intel has Article III standing to appeal Qualcomm IPRs from the PTAB; the Federal Circuit announces oral arguments in January 2022 will be telephonic; Germany’s patent office announced that urban air mobility patent application filings have tripled from 2016 to 2020; the PTAB institutes an IPR (..)

Patent Application 63

Patent Application Patent Infringement Government Technology 63

Patently-O

AUGUST 26, 2022

By David Hricik, Mercer Law School. 2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing.

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Ownership Inventor Patent Due Diligence 54

43(B)log

MARCH 18, 2022

15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. So too with unfair competition through false advertising under Pennsylvania common law.

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False Advertising Patent Advertising Advertising 72

Kashishipr

MARCH 16, 2022

People are aware of the term ‘Property,’ which relates to the regulations, rules, and laws of ‘Real Property’ or ‘Real Estate,’ i.e., land. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement. Trademarks.

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IP Invention Intellectual Property Registering Trademarks 98

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

IP and Legal Filings

DECEMBER 22, 2021

Different countries have their own set of requirements for translations, and therefore if the translation is not done professionally, it could lead to misinterpretation of the scope of the claims, which may end up ruining the purpose of filing patents. With the Patent Translation, it’s more than just a Google Translation. Good or Bad?

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Patent Contracts Patent Application Invention 75