LexBlog IP

DECEMBER 6, 2022

The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain legal protection; other instruments may provide effective legal protection, as long as the innovator plans and implement measures and proceedings, from an early stage, to secure protection.

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43(B)log

FEBRUARY 2, 2024

We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. But it’s narrow protection b/c there are no choices. How can we trust AI generated trade secrets? Will companies rely on such limited protection?

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Social Media Government Editing Litigation 59

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. Names or logos used to sell a product may be protectable even if the product itself is nothing new. Names or logos used to sell a product may be protectable even if the product itself is nothing new. Yes, you certainly can.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

FEBRUARY 23, 2024

But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines.

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Registration Branding Brands Branding 59

43(B)log

FEBRUARY 18, 2022

WIPIP 2022, Session 4 Michael Meurer IP Protection of Business Knowledge Since Bilski: First, business method patent protection is a lot less significant for today’s innovators. Second, we have a lot more information about the costs of protection. Then we got a lot of business method patents.

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IP Business Music Law 59

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms.

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Reporting Law IP Patent 57

IP Tech Blog

MARCH 23, 2022

Numerous companies are currently getting into NFT technology to generate brand awareness, retain customers, and create new revenue streams. Entering the Metaverse is an excellent opportunity to spread your reach to more consumers in a new world and be able to collect information based on how consumers behave and act in the Metaverse.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

Numerous companies are currently getting into NFT technology to generate brand awareness, retain customers, and create new revenue streams. Entering the Metaverse is an excellent opportunity to spread your reach to more consumers in a new world and be able to collect information based on how consumers behave and act in the Metaverse.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

SpicyIP

OCTOBER 31, 2023

[ This post is authored by SpicyIP Intern Tejaswini Kaushal with inputs and comments from Swaraj and Praharsh. While attending the recent TWN webinar titled “Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India” (notification here ), on the background and implications of the case XXX v.

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Licensing Government Reporting Patent 72

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

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Patent Prosecution Invention Inventor Patent 75

LexBlog IP

MARCH 1, 2022

Patent Rights defined. How a search is performed. Other patent search options to consider. How to Secure Your Innovation. Patent Rights. This is because many patents are granted upon products that improve other patented products. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93aaa3b116{flex-wrap:

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52

43(B)log

FEBRUARY 24, 2024

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. We like how they sort us/how we get to identify with them? How much of that is cultural? Human desire for TMs?

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. The mandate of the group was to identify, develop and codify good practice on the use of copyright, performance and database material in relation to AI, including data mining.

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Copyright Law Copyright Law Music 59

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. These Ps didn’t suffer concrete harm and lacked standing to sue.

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IP Licensing Law Reporting 90

SpicyIP

JANUARY 20, 2024

Basheer raised in his 2018 post on the Politics of Patent Citation. While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship.

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Government IP Intellectual Property Reporting 112

43(B)log

AUGUST 5, 2021

The paradox of getting your way and finding it unsatisfying. Examples: Vessel Hull Design Protection Act. Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. What if rules are largely written by the regulated parties?

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IP Invention Designs Design 45

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Limits on internal innovation created opportunities for external innovation on safety (which is probably bad)—e.g.,

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LexBlog IP

DECEMBER 28, 2022

There is a subtle but important shift that is taking place in the way that many trade secret cases are being litigated and going to trial. As I explain below, several of these cases have resulted in substantial verdicts in recent months and they more closely resemble the path taken in many patent damages cases.

Litigation 52

Litigation Licensing Journalism Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 13, 2020

Last Thursday, a Federal Circuit panel issued a decision applying a narrow reading of the patent venue statute, 28 U.S.C. Getting venue right carries great weight in Hatch-Waxman suits. If a branded company gets venue wrong, it risks a motion to dismiss for improper venue. How did we get here?

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Branding Brands Branding Litigation 52

The IPKat

JANUARY 6, 2022

The EUIPO Opposition Division rejected the opposition because the signs were not similar, it was not permissible to perform a 90-degree rotation “ because figurative marks are not protected – as word marks – in all different typefaces and positions. That’s roughly 30 in dog years and closer to mid-30s in cat years ( apparently ).

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Registration Cease and Desist Branding Brands 96

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Both parties get partial wins/losses on summary judgment. Both parties get partial wins/losses on summary judgment. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion. The parties make nutritional products claimed to improve cellular health and cellular aging.

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The IP Law Blog

MARCH 2, 2021

Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc. Practitioners should expect that juries will ?nd Romag solidi? Romag solidi?es Summary of the Supreme Court’s Opinions.

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Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

DECEMBER 30, 2022

Supreme Court have eroded the protection previously afforded by patents, particularly in the software industry. The Alice decision’s impact on patent protection for software patents has been singled out in particular as a reason for potentially relying on trade secret rather than patent protection.

Litigation 52

Litigation Technology Invention Inventor 52

SpicyIP

AUGUST 3, 2023

Kurian’s trail of transparency, discussions about authors and copyright societies, updates on the international IP landscape, or the hustle and bustle of the domestic IP domain, including Statements of Patent (Non-)Working, the journey through Junes had its own jilts and joys. Whether it’s P.H.

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SpicyIP

JULY 10, 2023

We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality Council of India. For instance, the Delhi High Court directed Oppo to deposit the royalty amount, in its high-profile SEP litigation with Nokia. Anything important we’re missing out on?

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Registration Copyright Infringement Trademark Copyright 98

SpicyIP

JANUARY 23, 2023

, here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Read SpicyIP intern Gaurangi ‘s post on this development. Other Posts COVID-19 Vaccine Patent Infringement? Important IP cases that we’re missing out on? Especially from other High Courts?

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Designs Design Invention Registration 105

SpicyIP

JANUARY 16, 2023

After another busy week here at SpicyIP, we bring out the quick summaries of the 6 blogposts that were put up, along with 12 case summaries and national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of the Week.

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Trademark Designs Design Registration 102

SpicyIP

MAY 6, 2024

Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Anything we are missing out on?

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Trademark Invention Licensing Patent 59

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China and how they interact with each other. Protection of 2D Designs. Trademark (3D designs).

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Designs Design Trademark Intellectual Property 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.”

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

43(B)log

FEBRUARY 24, 2023

JDPI amicus brief was describing how LOC factors were not developed for these kinds of cases. How tightly are they connected and do they reflect same doctrine/different circumstances or something else? Not just for likely confusion, but also use as a mark. Is merchandising really the outlier or is it now really the model of TM law.

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Trademark Branding Brands Branding 49

LexBlog IP

MARCH 27, 2023

How was ChatGPT trained? In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot.

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Intellectual Property IP Inventor Copyright 52