article thumbnail

“Prior public use”: an effective ground for opposition against the grant of a European patent

Garrigues Blog

This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we have adequate reasons to revoke its registration. One of the most effective ways of obtaining the revocation is to prove “prior public use”. We look at what this consists of below.

article thumbnail

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

IP and Legal Filings

It’s the first important step towards protecting owner’s rights and its lawful public use. Well, it helps in commercialisation of the invention by allowing its public use. It facilities increased commercial use. The offices are established for movement of innovation from lab to market. Technology-transfer.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Minerva Surgical Inc. v. Hologic Inc., No. 2021-2246, slip op. (Fed. Cir. Feb. 15, 2023).

Intellectual Property Brief

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.

article thumbnail

ANSWERS TO QUESTIONS REGARDING TRADEMARK PROTECTION IN COLOMBIA THAT WE RECEIVE FREQUENTLY

LexBlog IP

“I have my trademark registered in the US, Mexico, and Perú, and my products are being sold in the Colombian market. Therefore, exclusive rights to use and to commence legal actions for infringement against third parties arise solely from registration before the competent agency.

article thumbnail

ANSWERS TO QUESTIONS REGARDING TRADEMARK PROTECTION IN COLOMBIA THAT WE RECEIVE FREQUENTLY

LexBlog IP

“I have my trademark registered in the US, Mexico, and Perú, and my products are being sold in the Colombian market. Therefore, exclusive rights to use and to commence legal actions for infringement against third parties arise solely from registration before the competent agency.

article thumbnail

CRITERIA TO AVOID CANCELLATION FOR LACK OF USE OF A TRADEMARK IN COLOMBIA

LexBlog IP

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. – To avoid cancellation the trademark must have been used by the owner or a third authorized party. .

article thumbnail

maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

Pennsylvania right of publicity: Pennsylvania protects the name or likeness of any natural person that has commercial value and is used for any commercial or advertising purpose without written consent. That is, the likeness must be distributed to members of the public in a way calculated to bring in money.