Will NFTs revolutionize patent law?

JD Supra Law

This article explains how NFTs have been creating new challenges and opportunities specifically in the patent space. NFTs continue to make waves, even as there is much speculation about their long-term future.

Innovating the Term ‘Inventor’: AI and Patent Law

IPilogue

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Patent Law in Canada.

Insiders

Sign Up for our Newsletter

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

Patent Law at the Supreme Court September 2021

Patently-O

So far, the Supreme Court has not granted certiorari in any patent cases for its 2021-2022 Term. Tormasi is a convicted murderer and also a patentee seeking to enforce his disk-drive patent. In patent law, we also have the “ Kessler doctrine,” which sits between the two.

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

SpicyIP

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. The singular focus of these recommendations is on increasing patent filing in the country.

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

SpicyIP

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? Image with the text ‘open the gate’ (Image from here ).

Changes to the Rules of Ethics for Patent Law Practitioners

JD Supra Law

On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States Patent and Trademark Office, found in the Code of Federal Regulations, 37 C.F.R.

Ruling Against AI 'Inventors' Brings Patent Law Reform Calls

IP Law 360

patent law, intellectual property lawyers said, as the British government eyes reforms to boost AI investment A landmark ruling that an artificial intelligence machine can't be considered an inventor highlights the potential need for changes to U.K.

18th-century Patent Law Doctrine and the Ultra Petroleum Make-Whole and Post-Petition Interest Dispute

JD Supra Law

Sounds like an odd combination—enforceability of make-whole and post-petition interest and patent law. The Solvent Debtor Rule is a judicially created exception…Sounds like an odd combination—enforceability of make-whole and post-petition interest and patent law.

Amendment of German patent law: small step or giant leap for proportionality?

The IPKat

For his parting post, he returns to Germany and patent injunctions. Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ].

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

LexBlog IP

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.”

Art 52

US Supreme Court limits Patent Law’s assignor estoppel doctrine

IAM Magazine

In a significant ruling, the Supreme Court has handed down its decision in Minerva Surgical v Hologic Inc , signalling a change for invalidity claims. International report

US Supreme Court limits Patent Law’s assignor estoppel doctrine

IAM Magazine

In a significant ruling, the Supreme Court has handed down its decision in Minerva Surgical v Hologic Inc , signalling a change for invalidity claims. International report

Why changes to China’s design patent law are a big deal

Managing IP

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

10 Years Later, The AIA Is Not Done Reshaping Patent Law

IP Law 360

When the America Invents Act became law 10 years ago this week, it reshaped the patent world in ways that are continuing to evolve. Here's a look at the most significant changes the AIA brought about — and the potential impacts that haven't yet been felt

Legal Alert: New Hatch-Waxman-Style Patent Law Formally Adopted by China’s National People’s Congress; to Take Effect June 1, 2021

Fish & Richardson Trademark & Copyright Thoughts

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. Extensions of Patent term to compensate for delays that are not the fault of the patentee.

What are the four types of Intellectual Property and how do you protect them?

IP Blog

Patents Law firm Services Trademarks DesignsAsking and answering the question, "What are the four types of Intellectual Property?" in a comprehensive manner will ultimately lead you to the best practices for keeping your intangibles under lock and key.

Is a cease and desist letter enforceable? Common issues and best practices

IP Blog

Patents Law firm Services TrademarksThe path to stopping infringement of your Intellectual Property (IP) rights begins with two key questions: "Should I send a cease and desist letter?" and "Is a cease and desist letter enforceable?".

IP investment and the jewelry industry: an opportunity for economic growth in Africa

IP Blog

Patents Law firm Services TrademarksIt is no secret that Africa is an important continent for the production of minerals and precious metals.

Be vigilant and diligent in protecting your brand from counterfeiters

IP Blog

Patents Law firm Services Trademarks DesignsThe average person may hear the term "counterfeit" and immediately think of scam artists in Hollywood crime films, printing batches of fake money. Such is the imprint of pop culture!

Five rules for a successful supplementary protection certificate application

IP Blog

The top companies active in the pharmaceutical sector are not immune to the expiration of certain Intellectual Property (IP) protections and are always looking for ways to enjoy an additional period of exclusivity for their patents. Patents Law firm Services

Trade Secrets over Patents? What is the Right Choice for You?

Kashishipr

The first is trade secrets, and the second is patents. Trade secrets are usually protected through laws addressing unfair competition or sui generis laws. Since the same has not been patented, it has never been revealed publicly. Choosing between Patents and Trade Secrets.

Federal Court Rules that Artificial Intelligence Cannot Be an Inventor under the Patent Act

Delaware Intellectual Property Litigation Blog

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?”

Can AI Technology Create a Patent in Canada? A Look at Global Precedence

IPilogue

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . The two creators listed DABUS as the inventor on two applications for patents for the inventions of a light beacon and a food container. Australia: Thaler v Commissioner of Patents [2021] FCA 879.

U.S. Court Rules Artificial Intelligence Cannot be an Inventor (Again)

IPilogue

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Photo by Possessed Photography ( Unsplash ).

What is Intellectual Property 'theft' and how to avoid it?

IP Blog

Patents Law firm Services Trademarks IP outsourcing DesignsIntellectual Property rights (IPRs) are generally known as "negative rights" because the owner enforces them by stopping third parties from exploiting the rights' subjects.

The tech dilemma: Should I patent my app?

IP Blog

Fortunately, apps can be patented in some jurisdictions. Patents Law firm Services IP outsourcing Designs

Eurasian industrial design: an overview of a new regional system

IP Blog

Patents Law firm Services

Australian Judge Rules Inventions Developed by Artificial Intelligence Can Qualify for Patent Protection

The IP Law Blog

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v.

Strategies patent defendants use to avoid injunctions

IP Blog

Facing the threat of a patent lawsuit can quickly throw a company into uncomfortable and uncharted waters. Patents Law firm Services

USPTO Requests Input on Patent Eligibility from Critical Sectors Impacted by Current Law

The IP Law Blog

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.”

COVID-19 and Intellectual Property's role in facilitating vaccine access

IP Blog

Industry News Patents Law firm ServicesThe year 2020 commenced in much the same way as most years do, but it quickly became apparent that the world needed to brace for the unexpected. As 2020 nears its close, COVID-19 remains a significant threat in nearly every corner of the world.

Federal Circuit Allows Easier Foreign Corporation Service Requirements

The IP Law Blog

Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants. Patent Law The Briefing OnePlus OnePlus Technology patent

Written Description Remains Critical to Patents

The IP Law Blog

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. billion for patent infringement was reversed for just this reason.

Regulations and the surge of software patent applications in the U.S.

IP Blog

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Patents Law firm Services

Facing supply chain concerns in the COVID-19 era

IP Blog

Industry News Patents Law firm Services Trademarks DesignsIn late October, British financial research firm Moody's issued a report indicating that supply chain issues caused by the COVID-19 pandemic would result in rising consumer costs in hospital care.

Juries Will Play Role in Some Questions of Patent Eligibility

The IP Law Blog

In ruling on motions to dismiss and motions for summary judgment, courts have found a number of patents ineligible under 35 U.S.C. § 101 as a matter of law. Patent No.

The Difference between Utility, Design, and Plant Patents

TraskBritt Intellectual Property

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Utility patents.

Do Cannabis Patents Lack Utility?

Patent Law Blog

patents have been issued since at least the mid-1990s. But if the only way to practice a cannabis patent involves breaking federal law, does the patent lack utility? The post Do Cannabis Patents Lack Utility? appeared first on Patent Law Blog.

How long does it take to get a patent in 2021? And what about COVID-19?

TraskBritt Intellectual Property

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance.

Once Again, Generic Computer Systems That Do Routine Functions are Not Patentable!

The IP Law Blog

Patents protect inventions. However, patents protect only certain inventions. In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter.

Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels.

Supreme Court Finds PTAB Judges Unconstitutional

The IP Law Blog

Smith & Nephew , case number 19-1458, the Supreme Court of the United States recently held that Patent Trial and Appeal Board (PTAB) judges are unconstitutionally appointed. APJs conduct adversarial proceedings for challenging the validity of an existing patent before the PTAB.

Emoji and World of Intellectual Property

IIPRD

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. Copyright Law. In the realm of copyright law the doctrine of merger postulates that were the idea and expression are inextricably connected, it would not possible to distinguish between two. Trademark Law. Patent Law.