Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Seirus has now petitioned for writ of certiorari.

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JD Supra Law

NOVEMBER 30, 2023

The U.S. (..)

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JD Supra Law

NOVEMBER 1, 2023

While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise. Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design?

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LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. But not so fast. But this does not mean use without restriction.

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IP Watchdog

MAY 14, 2024

After 20 years, as the house passed into the public domain, you might continue to live there, but its investment or resale value would effectively become zero. Notwithstanding rising real estate values, the ability to reap the benefit of that asset’s appreciation would decrease rapidly for every year the property was owned.

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Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Usually, the patent stands valid for 20 years from the date of application. Why should I patent my invention?

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Kashishipr

DECEMBER 28, 2021

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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The IPKat

MAY 4, 2023

With only a few minor tweaks to the various leaked versions we saw beforehand, the European Commission went forward with its Standard Essential Patents (SEPs) Regulation Proposal. In this spirit, the proposal is eager to establish further clarity as to what is and what is not a standard essential patent.

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Intellectual Property Law Blog

MARCH 15, 2021

District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. After further prosecution, a patent was granted. Later, the patent was subjected to ex parte reexaminations. Proceedings before the Patent Office are often complex and enduring.

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Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The problem arises when the push and pull of competition law and patent law cause friction.

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Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). This is called the patentability of an invention.

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Patently-O

AUGUST 10, 2021

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored However, the patentee erred by publicly disclosing the low dosage idea prior to patenting and thus was only able to obtain patent claims covering the high dosage.

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Biswajit Sarkar Copyright Blog

DECEMBER 8, 2021

After an invention is patented, the inventor has exclusive rights over the invention. However, getting a patent is not enough to sell your product in the market. Many cars these days come with smart technology, these technologies are often patented, however, they alone are not responsible for the final product that is the car.

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The IPKat

FEBRUARY 10, 2024

Patents Anna Maria Stein shared the news that the Unified Patent Court (UPC) and Italy had signed the Milan headquarters’ Agreement. It will have jurisdiction over patent disputes in the “human necessities” sector (such as pharmaceutical and medical device industries, agricultural industry, food industry, and more).

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Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Search and its Importance.

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Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. 141 (1989).

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IP Watchdog

JANUARY 4, 2024

However, there is information available in the public domain (including press releases issued by the European Union) as to the likely format of the AI Act. The text is still not publicly available as it is subject to certain further refinement over the coming weeks.

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IP and Legal Filings

JANUARY 11, 2022

Patents and trade secrets go hand in hand where protection from both has its features with its pros and cons. Patents are there for 20 years where after the expiry they end up being in the public domain. The same needs to be dealt with in a way in which they are best suited. Seventh Circuit ruling in a recent case.

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Intepat

APRIL 6, 2022

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT). The PCT patent application has two phases: namely, International and National.

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Intepat

APRIL 6, 2022

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT). The PCT patent application has two phases: namely, International and National.

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Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. You may have heard the term ‘prior art’ before in the context of patents. What is Prior Art?

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Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Patents in India are granted for a period of 20 years. It is crucial to renew your patent on time to avoid any surcharge. In the case that you do not renew your patent it will cease to exist and be available in public domain. The late patent fee increases with each month after the expiry of the patent.

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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 ). The Patent Box was introduced in Italy in 2015. 50 of 24.4.2017).

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TorrentFreak

NOVEMBER 30, 2023

In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out. Anyone can make a request, via the system, for certain non-public domain registration data.

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Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. When an invention has reached the stage where it is reduced to practice, it is ready for patenting. There is always confusion among inventors as to when will be the ideal time for claiming a patent. Patents are territorial rights.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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The TTABlog

MARCH 2, 2022

Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. TTABlogger comment: I am of the view that "Tinker Bell" and other public domain character names are generic for dolls depicting the characters.

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IP and Legal Filings

MARCH 10, 2023

, “Does the author of any such work loses every right in terms of Copyright after the expiration of the time period mentioned under Section(s) 22, 26 and 27 and have no recourse to the same since the works are in public domain thereafter?”. In case of patents, it is understandable to grant such patent only for 20 years.

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IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

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The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources. The text was not always so narrowly focused on patents.

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The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Larson & Larson

JUNE 1, 2021

It can make you want to tear your hair out if your patent gets rejected, but that won’t help you achieve your dreams. Another step is asking for an interview with the patent examiner to get an explanation. . Some common reasons for rejection include obviousness, lack of novelty, and a lack of patentability.

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IP Law 360

DECEMBER 2, 2021

International Trade Commission opinion in Polycrystalline Diamond Compacts shows that the commission's approach to adjudicating redesigned products disclosed during Section 337 investigations does not properly balance patent holders' rights and the public domain, is highly unpredictable, and needs to be overhauled, says Derek Dahlgren at Devlin Law (..)

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LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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The IPKat

DECEMBER 23, 2023

The other two chapters turn to the conceptualisation of nature in patent law. In 'Denaturing Bacteria', Daniel Schneider discusses the controversy over the patenting of biological sewage treatment and questions of the public interest. Like many contributions in this volume, the chapter draws on a wealth of archival materials.

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Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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Patently-O

MAY 20, 2024

May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB’s (PTAB) invalidation of Cellect’s four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). As a result, the patents had staggered expiration dates. Meanwhile, Dir. Cellect Cert.

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