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Public Use Related Topics 
Garrigues Blog
NOVEMBER 15, 2021
The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO).
IP Tech Blog
FEBRUARY 9, 2022
The patents asserted in the investigation claim improvements to a conventional process for making acesulfame potassium (Ace-K) — an artificial sweetener used in foods, drinks, and medicines. In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. ,
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43(B)log
JULY 1, 2022
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. Receiving a benefit from the use of a name isn’t sufficient. “[T]here
TorrentFreak
APRIL 11, 2022
The positive findings are backed up by CAP’s recent YouGov study which found that more than half of all Indonesian consumers say that they cut back or stopped using pirate services due to the blocking efforts.
IP and Legal Filings
JULY 8, 2022
b) an industrial design that is contrary to public order or morality. Oman, officially known as the Sultanate of Oman, is a major country in the Western Asia sharing its land borders with Saudi Arabia, United Arab Emirates and Yemen.
LexBlog IP
NOVEMBER 7, 2021
Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date). Usefulness: This is a low bar to meet, fortunately. It doesn’t mean the invention has to provide some important use. Maybe.
Biswajit Sarkar Copyright Blog
JULY 19, 2022
Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.
Kashishipr
NOVEMBER 10, 2021
Such extension of rights has given birth to newer concerns in developing nations as to the extent of such rights and their primacy over the interests of the society at large, relating to issues of public health and consumer protection in particular.
Patently-O
SEPTEMBER 9, 2021
As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. In re DMF, Inc. ( 2021 ).
Patently-O
JANUARY 17, 2022
Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. by Dennis Crouch.
Biswajit Sarkar Copyright Blog
OCTOBER 22, 2021
Patent opposition, if used properly, is an important tool to prevent the grant of frivolous patents. In a pre-grant opposition, third parties are given the opportunity to oppose the grant of the patent, just after the publication of the patent application.
Patently-O
AUGUST 13, 2021
The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. In particular, the petition asks whether documents made available only to customers, and not generally to the public, count as being published. by Dennis Crouch.
Garrigues Blog
JANUARY 12, 2022
The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. What is the right of prior use or “pre-use”? Real intention to use.
U.S. Department of Commerce
OCTOBER 26, 2021
In recognition of Cybersecurity Awareness Month, the Department of Commerce (DOC) highlights how the National Institute of Standards and Technology (NIST) uses prize challenges to improve technologies that keep data private. Data for Public Good .
Above the Fold
JULY 5, 2022
Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] In sum, these scenarios exemplify only a number of ways in which you can use intellectual property tools to protect your fashion design.
The TTABlog
APRIL 21, 2022
The Board observed that "any term that the relevant public uses or understands to refer to the genus of goods, or a key aspect of a sub-group of the genus, is generic." Moreover, petitioner provided several examples of Respondent's use of its mark generically.
LexBlog IP
FEBRUARY 9, 2022
The patents asserted in the investigation claim improvements to a conventional process for making acesulfame potassium (Ace-K) — an artificial sweetener used in foods, drinks, and medicines. In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. ,
IP Whiteboard
AUGUST 30, 2020
When Ms Hagebols saw the artwork on Jilamara’s website she approached Jilamara to seek permission to use Mr Black’s artwork for a tattoo on her arm. This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo?
43(B)log
NOVEMBER 19, 2021
17, 2021) The parties compete in developing means to administer diazepam, a drug used to treat acute repetitive seizures (ARS). This designation did not indicate that Valtoco was safe or effective for public use but, instead, operated to qualify Neurelis for various development incentives, like tax credits and potential exclusivity for seven years if the FDA ultimately approved Valtoco.” Neurelis, Inc. Aquestive Therapeutics, Inc.,
Patently-O
MAY 19, 2022
Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? = = =. Although the Board granted the petition, it eventually concluded that the prior publication was not prior art and thus sided with the patentee in its final written decision. by Dennis Crouch.
SpicyIP
AUGUST 15, 2021
The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. However, the court failed to even refer to the term used in the provision, ‘covered’. Anticipation by Prior Publication and Lack of Novelty.
IPilogue
FEBRUARY 8, 2022
An unregistered trademark can be identified using the symbol. This is optional but it puts the public on notice that you are intending that word, phrase, or design to function as a trademark. Unregistered trademarks are protected only in the limited geographic region that they are used.
The IPKat
OCTOBER 15, 2021
But what happens when the public being considered is fairly niche and, as such, smaller than those that would arise in your ‘everyday’ trade mark cases? Since 2011, she had provided spiritual and holistic education, training and therapy services to the public in person and online.
LexBlog IP
JULY 5, 2022
Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth.
43(B)log
FEBRUARY 19, 2022
This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted.
43(B)log
AUGUST 12, 2022
Economics is useful when it makes predictions we can test. A: didn’t analyze interview data through that lens, but anecdotally they seemed to take each collaboration as they came and justified whatever practice they were using in each situation. conferences copyright right of publicit
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 4, 2021
The following tables summarize publicly available information regarding approved and select pending biosimilar Biologics License Applications (BLAs), and illustrate additional trends in the biosimilars industry. 105,” which is sealed and not publicly available. ( Introduction.
LexBlog IP
JANUARY 5, 2022
But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. In short, patents are public franchises, not private property.
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