Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

Patent Law 125

Patent Law Law Patent Invention 125

SpicyIP

JUNE 22, 2022

The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. Ordinarily, patentees voluntarily decide whether or not and on what conditions to grant licenses to third parties. Failing which, a compulsory license can be issued. Natco Pharma Ltd.

Licensing 119

Licensing Reporting Patent Government 119

IP Law 360

APRIL 3, 2024

The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."

Patent Law 45

Patent Law Law Patent Licensing 45

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 86

Patent Law Law Patent Editing 86

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

Licensing 52

Licensing Contracts Patent Law Patent 52

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

SpicyIP

AUGUST 12, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. To be clear, the life saving drugs in question- bedaquiline and delamanid, are scarce, expensive and patented till 2023.

Licensing 134

Licensing Government Reporting Patent Law 134

JD Supra Law

FEBRUARY 18, 2022

2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: STANDARD-ESSENTIAL PATENT (SEP) LICENSING AND THE GROWING DEMAND FROM TECH COMPANIES FOR INDUSTRY STANDARDS - After the number of disputes involving SEPs. By: McDermott Will & Emery

Patent Law 98

Patent Law Reporting Law Patent 98

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. There has to be a perfect balance between patents law and competition law to provide economically meaningful monopolies. [3] Which will result into innovation in dynamic competition.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

JD Supra Law

AUGUST 26, 2022

Kilpatrick Townsend attorneys Farah Cook and Michelle Tyde recently presented “What You Don’t Know Can Hurt You: Best Practices and Hot Topics For Patent & Technology Licensing Transactions” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).

Licensing 52

Licensing Technology Intellectual Property Patent 52

IP Law 360

DECEMBER 1, 2023

Google lawyers managed to hash out their legal fights with two patent-licensing outfits represented by the same powerhouse Delaware patent law firm, over a year after U.S.

Patent 59

Patent Licensing Patent Law Law 59

Patent Trademark Blog

APRIL 5, 2023

Does it make sense to get a patent in China? 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. Need to file a patent in China?

Patent 98

Patent Patent Application Litigation IP 98

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results.

Contracts 117

Contracts Law Patent Licensing 117

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. This therefore concludes this fourth round of amendment to the PRC Patent Law.

Patent 52

Patent Invention Patent Law Designs 52

IPilogue

OCTOBER 14, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. In the latest development in the global patent wars between Google and Sonos, Google has sued Sonos, having filed two suits in the United States District Court for the Northern District of California on August 8, 2022.

Patent Infringement 106

Patent Infringement Patent Technology Patent Law 106

LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

LexBlog IP

NOVEMBER 16, 2021

Roche listed three patents directed to medical uses and Bio-Thera made Type 3, Type 4.1, certifications with respect to these patents. and Type 4.2 This system is similar to the U.S. This system is similar to the U.S.

Patent Law 52

Patent Law Law Patent Marketing 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? 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.

Patent 92

Patent Inventor Invention Intellectual Property 92

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.

Patent 72

Patent Patent Application Intellectual Property Law 72

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 98

Business Inventor Patent Licensing 98

IPilogue

OCTOBER 5, 2021

On September 9, 2021, ESG Clean Energy, LLC (“ESG”), a corporation responsible for clean energy solutions for distributed power generation, announced that they signed an exclusive licensing deal with Viking Energy Group, Inc. (“Viking”) for use of ESG’s carbon dioxide-free power generation technology in all of Canada.

Patent 106

Patent Licensing Technology IP 106

JD Supra Law

APRIL 14, 2022

patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262.

Licensing 102

Licensing Ownership Patent Law Patent 102

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

The IP Law Blog

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 117

Licensing Patent Government Litigation 117

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

Law 52

Law Patent Settlement Inventor 52

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”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country. Union of India where the Delhi High Court observed the delay in patent prosecution owing to both the applicants as well as the opponents.)

Patent 98

Patent Patent Prosecution Patent Application Publishing 98

JD Supra Law

APRIL 28, 2023

One of the biggest changes in international patent law takes effect on June 1, 2023, when Europe's new Unitary Patent System and Unified Patent Court become a reality after years of planning. Join us for a virtual CLE as we discuss unitary patents and what you should do to prepare.

Patent 52

Patent Licensing Patent Law Law 52

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

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

IP Law 360

APRIL 12, 2023

Court of Federal Claims illustrates why licensing professionals should rethink customary provisions that assign new patent owners the right to sue for past infringement damages, which may undermine a new holder's ability to recover damages in certain actions against the federal government, says Robert Matthews at Matthews Patent-Law.

Patent 40

Patent Licensing Patent Law Government 40

IPilogue

NOVEMBER 1, 2022

While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. examined two existing ways to tackle the problem: compulsory licensing and voluntary licensing. Ballardini et al.

IP 120

IP Intellectual Property Licensing Journalism 120

SpicyIP

SEPTEMBER 27, 2023

(It’s unclear where the mandate is coming from, as guidelines generally do not have the power of law behind them but are merely discretionary / advisory). At a quick glance, one notable push by the guidelines is to allow “exclusive” licensing from public funded research, to private bodies. Provision 5.d

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

Designs 117

Designs Design Patent Invention 117