Patent Trademark Blog

NOVEMBER 30, 2022

No patents: What are your options against product copies? The only problem is that you have no patents, and your product has already been shown to the public for awhile. The only problem is that you have no patents, and your product has already been shown to the public for awhile. How can you patent an old product?

Copying 98

Copying Patent Patent Application Blogging 98

Patent Trademark Blog

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Afterwards, you file a Madrid application designating multiple foreign countries. Not exactly.

Registering Trademarks 52

Registering Trademarks Trademark Registration Blogging 52

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. Do-It-Yourself Utility Patent: Should you perform surgery on yourself?

Patent Application 98

Patent Application Patent Art Blogging 98

JD Supra Law

MARCH 16, 2022

Foreign enterprises’ confidence in China's IPR protection has been further enhanced. In 2021, 110,000 Chinese invention patents have been granted to foreign applicants, a year-on-year increase of 23.0%; 194,000 trademarks from foreign applicants have been registered, an increase of 5.2%

Invention 101

Invention Patent IP Trademark 101

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

Patent Application 69

Patent Application Invention Designs Design 69

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

Patent Application 64

Patent Application Designs Design Invention 64

Patent Trademark Blog

JUNE 15, 2022

Does our firm recommend PCT patent applications? If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. Keep in mind that these foreign filing options are all about keeping your earliest US filing date, known as the priority date.

Patent Application 52

Patent Application Patent Business Blogging 52

Patent Trademark Blog

MAY 31, 2022

How do you file foreign patents cost-effectively? It’s no secret that obtaining foreign patent protection is highly expensive. Most clients are under a limited budget, seeking to stretch their money as much as possible to seek smarter patent protection. Choose your foreign countries wisely.

Patent 52

Patent Art Invention Patent Application 52

Sander Law

JUNE 8, 2023

There are several international IP agreements that are useful in protecting your IP. Below is a brief summary of a few of them: Paris Convention (Foreign filing priority) After filing your IP in your home country, you can file the same IP in other countries and benefit from the filing date of the earlier home application (e.g.

IP 52

IP Patent Application Registration Designs 52

Patent Trademark Blog

MARCH 24, 2022

What does it mean to protect intellectual property? Now that we know what intellectual property is , let’s talk about how to protect intellectual property. The word “protect” is curious in the context of IP. What do we mean by intellectual property protection? Trademarks are relatively straightforward.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

Trademark Law 119

Trademark Law Trademark Law Privacy 119

Patent Trademark Blog

MAY 18, 2022

Can you file a late foreign patent application based on Paris Convention? But, what if you are thinking about filing a direct foreign patent application claiming priority to a US priority application? What are your late foreign patent filing options under the Paris Convention?

Patent Application 52

Patent Application Patent Trademark Blogging 52

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 132

IP Branding Brands Branding 132

IP Watchdog

OCTOBER 29, 2021

This week in Other Barks & Bites: the Federal Circuit issues a partial remand asking the Trademark Trial and Appeal Board (TTAB) to analyze the distinctiveness of the “BROOKLYN BREW SHOP” trademark; the Copyright Royalty Board finalizes its ratemaking determination for statutory licenses on digital performances of sound recordings; China’s IP (..)

Copyright 98

Copyright Law Privacy IP 98

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

Design Patent 81

Design Patent Designs Design Patent 81

Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights.

Trademark 52

Trademark IP Patent Patent Application 52

SpicyIP

APRIL 15, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on?

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

SpicyIP

JULY 31, 2023

Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. Controller of Patents , analysed by Amit here and here and the IPAB order in the State University of New York v. MSN Laboratories Pvt. Ltd and an r.

Patent 98

Patent Invention Patent Prosecution Inventor 98

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. Alice Corp. 208, 216, 219 (2014).

Patent 98

Patent Invention Patent Application Intellectual Property 98

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

Design Patent 60

Design Patent Designs Design Patent 60

SpicyIP

MAY 17, 2023

India, which has featured in this list multiple times in the past, (as highlighted on the blog by different authors over the years) finds its position in the list yet again, for remaining as “one of the world’s most challenging major economies with respect to protection and enforcement of IP”. 56, para 3).

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

Patently-O

OCTOBER 8, 2021

It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. .” ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. On appeal, the Federal Circuit affirmed in a R.36 Petition ]. Petition ].

Trademark 135

Trademark Registering Trademarks Licensing Design Patent 135

IP and Legal Filings

MARCH 13, 2023

Introduction The Controller General Of Patents Designs & Trade Marks is chief official responsible for facilitating the patent system in India. In light of these facts, the Hon’ble judge made the following observations: There is no ambiguity in the wordings of Section 36E of the trademark act, 1999.

Business 59

Business Designs Design Trademark 59

IP and Legal Filings

OCTOBER 30, 2022

First, it is important to have an overall strategy to protect IP. Second, IP may be protected differently in the Philippines than in the United States. trademark and patent registrations will not protect rights holders’ IP in the Philippines. A trademark applicant may be a natural or juridical person.

Trademark 88

Trademark Intellectual Property Registration IP 88

IP Tech Blog

FEBRUARY 15, 2023

There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. licensing, assignment, JVs, cooperation and co-development etc.)

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

Patently-O

FEBRUARY 26, 2023

Lior Shaltiel: United States Patent Office Allows Patent to Exosome Biomedical Company NurExone (Source: Yahoo Finance) Blake Brittain: Apple, Google Ask Appeals Court for Another Chance to Nix Patent Rule (Source: Reuters) John Koetsier: Samsung Beats IBM, Apple, Intel, Google For 2022 Patent Crown; 56% Of U.S.

Patent 44

Patent Journalism Inventor IP 44

LexBlog IP

NOVEMBER 8, 2022

Supreme Court recently granted certiorari for two intellectual property cases—one relating to patents and another for trademarks. Patent Case. Relevant to patent law, the Supreme Court granted certiorari to decide the issue of enablement for patents with so-called “genus claims.” Trademark Case.

IP 52

IP Invention Intellectual Property Trademark 52

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). Most of the discussion over the year has been on what kind of IP assets could be protected.

Designs 70

Designs Design Patent IP 70

Patent Trademark Blog

JUNE 2, 2022

For US filers seeking patent protection in China, the utility model is an attractive alternative to filing regular utility patent applications. Understandably, companies seek cost-effective ways to gain utility patent protection without spending so much. China patent protection without examination?

Patent 52

Patent Art Patent Application IP 52

Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. But trademarks are not mentioned in that foundational document.

Trademark 98

Trademark Government Copyright Service Mark 98

LexBlog IP

JANUARY 31, 2023

This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. Desmond Tan is a patent attorney registered to practice in Singapore and has a background in engineering. patent attorney and moderator of this Blog, PatentNext.

Invention 52

Invention Patent Intellectual Property IP 52

IPilogue

MAY 2, 2022

As Andrew Masson recently discussed , Russia is now responding to sanctions by removing the protection of IP rights in its territory for owners from “unfriendly” countries. Suspension of Association with Russian Patent Offices. This announcement closely followed a similar one from the EU patent office.

IP 106

IP Trademark Patent Licensing 106

IP Intelligence

MARCH 16, 2022

1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. In that iteration, the patent holder was to be notified of the “taking” and offered proper compensation.

Patent 96

Patent Intellectual Property Government Invention 96

IP Intelligence

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark abroad only if that use is likely to cause confusion in the United States.”

Trademark Law 52

Trademark Law Trademark Law Patent Law 52

The IP Law Blog

JULY 15, 2021

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.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

IP Law 360

NOVEMBER 15, 2022

A California winery has convinced judges on the Ninth Circuit to rule for the first time that some trademark lawsuits against foreign companies can be served directly through the U.S. Patent and Trademark Office, if those companies have already filed for trademark protection there in the past.

Trademark 40

Trademark Patent 40