“Prior public use”: an effective ground for opposition against the grant of a European patent

Garrigues Blog

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).

Yes, A Secret Process Can (Still) Create an On-Sale Bar

IP Tech Blog

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. ,

Insiders

Sign Up for our Newsletter

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

Trending Sources

maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

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

Piracy Numbers Drop After Indonesia Blocks Over 3,500 Pirate Sites

TorrentFreak

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.

Getting your Industrial Design Registration in Oman

IP and Legal Filings

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.

Can You Patent Your Idea?

LexBlog IP

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.

Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

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.

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

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.

Post-IPR Estoppel: Printed Publication vs. Actual Product Shown in the Publication

Patently-O

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 ).

Exporting Patents: Boiled, Broiled, Barbecued or Fried

Patently-O

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.

Patent Opposition in India

Biswajit Sarkar Copyright Blog

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.

Printed Publication: Documents Made Available only to Customers

Patently-O

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.

I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

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.

Keeping Your Data Safe: The Differential Privacy Temporal Map Challenge

U.S. Department of Commerce

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 .

Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

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.

TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing

The TTABlog

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.

Yes, A Secret Process Can (Still) Create an On-Sale Bar

LexBlog IP

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. ,

Fleshing out the copyright in a tattoo

IP Whiteboard

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?

Lawfare in the orphan drug space

43(B)log

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.,

The Inventive Entity and Prior Publication by Another

Patently-O

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.

FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed

SpicyIP

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.

Use It or Lose It: How to Acquire and Protect your Trademarks

IPilogue

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.

Battle of the spiritual and holistic therapists over ‘Archangel Alchemy’ trade mark

The IPKat

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.

Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

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.

WIPIP 2022, Session 6 (TM)

43(B)log

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.

Art 65

IPSC Breakout Session 5: IP Theory & History/Creation and Morality

43(B)log

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

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

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.

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

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.