JD Supra Law

AUGUST 10, 2022

A recurring decision facing many businesses is how to best protect the technology it creates. Another source of protection is that afforded by a patent which, if acquired, would provide the owner the right to exclude others from practicing the patented invention — i.e., use the protected technology.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

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Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. What is a Trademark?

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JD Supra Law

OCTOBER 11, 2023

While patents and trade secrets are viewed in part as opposites — patents require public disclosure, and trade secrets require confidentiality — seeking patent protection for aspects of a technology, while retaining trade secret status for others, may provide the best protection for a company’s intellectual property portfolio.

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JD Supra Law

JUNE 23, 2022

Obtaining a traditional utility patent is often a long and strenuous process. But entrepreneurs often want to obtain patent protection of their technology quickly for reasons such as attracting investors, acquiring business assets, disclosing new technology to the public, or marketing their products.

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JD Supra Law

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.

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Patent 85

CoCal IP Law Institute

APRIL 19, 2024

Recent Developments at the European Patent Office and an Update on Design and Trademark Protection in the United Kingdom Please join us Monday, April 22, 2024 at noon where we welcome guest speaker John Kensett from the Dolleymores firm in the United Kingdom.

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Patent Trademark Blog

AUGUST 1, 2023

How do you patent food? If you love to eat as much as I do, you might think of food as something you would not normally patent. For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Need to obtain a food patent?

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JD Supra Law

APRIL 19, 2024

101, the US Court of Appeals for the Federal Circuit upheld the district court’s finding that patents related to computer visualizations of medical scans were patent ineligible. Addressing subject matter eligibility under 35 U.S.C. § AI Visualize, Inc. Nuance Communications, Inc., 22-2019 (Fed. 4, 2024) (Moore, Reyna, Hughes, JJ.).

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Patent 62

IPilogue

SEPTEMBER 12, 2022

These features of grandma’s cookies give you a bright idea – what if you patent grandma’s cookies? According to the Canadian Intellectual Property Office (CIPO) , patents must meet three criteria: (1) new – first in the world, (2) useful – functional and operative, and (3) inventive – showing ingenuity and non-obvious.

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JD Supra Law

AUGUST 6, 2021

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. By: Weintraub Tobin

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JD Supra Law

APRIL 1, 2024

Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. By: AEON Law

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Copyright Law IP Designs Design 73

JD Supra Law

APRIL 19, 2023

Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. By: Sheppard Mullin Richter & Hampton LLP

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JD Supra Law

MARCH 15, 2024

Nevertheless, with the proliferation of AI, it is inevitable that Canadian courts will soon have to confront the question: can an invention generated by AI, without any human contribution, be patented? By: Smart & Biggar

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LexBlog IP

APRIL 18, 2023

Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. Strategic use of design patents can be an important part of an overall patent strategy. Strategic use of design patents can be an important part of an overall patent strategy.

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43(B)log

FEBRUARY 20, 2023

17, 2023) Reversing the district court’s preliminary injunction , the Federal Circuit held that notices to stores that sold Nu Tsai’s holiday string lights alleging patent infringement were not objectively baseless and thus could not be made in bad faith for purposes of avoiding patent-law conflict preemption.

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JD Supra Law

DECEMBER 9, 2022

Design patents for component parts are an appealing option for many automotive manufacturers. A design patent is a form of intellectual property right that protects “any new, original and ornamental design for an article of manufacture.”. By: Foley & Lardner LLP

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Design Patent Designs Design Intellectual Property 55

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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JD Supra Law

AUGUST 19, 2021

Addressing the nuanced nature of trade secret protection of patented products, the US Court of Appeals for the Seventh Circuit affirmed a district court’s trade secret protection determination, finding that the asserted trade secrets were not publicly disclosed and had been adequately protected. Life Spine, Inc.

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Patent 98

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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LexBlog IP

APRIL 20, 2023

When you’re planning to launch a new business or product, it is essential that you protect any intellectual property involved in the venture. Receiving a patent summons can be intimidating and disruptive to your business operations; however, it doesn’t have to be! What is a Patent Summons, and why should I care about it?

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The IP Law Blog

AUGUST 5, 2021

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.

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IP Law 360

AUGUST 15, 2023

Katherine Califa and Kiri Lee Sharon at Foley & Lardner discuss the restrictions that brand owners should be aware of when seeking both trade dress and patent protection, as well as the need to evaluate at the outset which types of IP rights are most suitable for innovations in these areas.

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LexBlog IP

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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IP Watchdog

NOVEMBER 14, 2021

Supreme Court ruled for the first time that plants could be protected with utility patents. This landmark decision, originating in the agricultural heartland of Iowa, was the last time the Supreme Court effectively increased patent protection for inventors and patent owners. Ag Supply, Inc.,

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IAM Magazine

AUGUST 17, 2022

Obtaining patent protection for a polymorph in addition to a primary compound patent may be particularly advantageous, especially if filed successively, as the polymorph patent may add extra time to the patent protection for the modification of an approved drug or a clinical candidate.

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Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional.

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More Than Your Mark

AUGUST 13, 2021

If you think patents are all about protecting something “technical” or something only a scientist or engineer could appreciate, you are mistaken. Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. Design and Utility Patents.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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IAM Magazine

NOVEMBER 16, 2022

While WTO member states have expressed general sympathy for the goal to provide broad access to vaccine technology during the pandemic, Germany continues to favour patent protection over compulsory licensing.

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IP Law 360

FEBRUARY 24, 2022

has placed second in global patent protection, with the United Arab Emirates, Nigeria and Peru seeing the most overall improvement over the past year, according to a new report released by the U.S. For the fourth time in a row, the U.S. Chamber of Commerce.

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JD Supra Law

AUGUST 17, 2022

Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving patent protection. By: McCarter & English, LLP

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JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

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JD Supra Law

OCTOBER 25, 2023

In 2025, the National Aeronautics and Space Administration (NASA) is scheduled to once again bring man and machine to the lunar surface, this time under the name of the Greek goddess Artemis. However, the means to the ends have changed.

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LexBlog IP

OCTOBER 17, 2022

However, there are effective ways to protect intellectual property in GUIs and enforce that intellectual property against competitors who choose to infringe. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products.

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JD Supra Law

AUGUST 31, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. using big data in automated systems).

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IP Law 360

MARCH 29, 2022

Germany's new chancellor has indicated that the country will likely defer to how BioNTech wants to market its patent-protected COVID-19 vaccines around the world, casting doubt on a recent compromise among the World Trade Organization's major players to agree to waive patent protections for those vaccines.

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