Patently-O

JANUARY 24, 2023

.” Specifically, this case arises from the Federal Circuit’s denial of a patent to an invention created by an artificial intelligence (AI) system, holding that an AI system is categorically unable to meet the definition of “inventor” under the Patent Act. 1:22-cv-01564, Paper No. Registration Application #1-7100387071).

Invention 126

Invention Intellectual Property Registration Copyright 126

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960). TTABlogger comment: WYHA?

Trademark 94

Trademark Registration Service Mark Registering Trademarks 94

The IPKat

NOVEMBER 30, 2022

New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively. 18(1) Draft Directive, Art. 20(1) Design Regulation). This post summarises the main innovations of the two proposals. 2 Draft Directive, Art.

Designs 134

Designs Design Publishing Art 134

SpicyIP

JANUARY 4, 2024

Substantive Suggestions 1. To translate legal documents, a certain standard like ISO 20771:2020 or ISO 17100:2015 has been established for individual translators. Such similar standards have to be identified for softwares as well to ensure appropriate translations.

IP 69

IP Intellectual Property Copyright Copying 69

IPilogue

FEBRUARY 24, 2023

iv] The CPPA excludes the anonymized data from its purview because, by their definition, there is no reasonable prospect of re-identification. De-identified data is by its nature not meant to be re-identified, and thus anonymous by the government’s definition. ii] Ibid at s 2(1). iv] Ibid at s 2(1). [v]

Privacy 105

Privacy Government Law Technology 105

LexBlog IP

DECEMBER 15, 2023

On December 13, 2023, the Office of the National Coordinator for Health Information Technology (ONC) issued its final rule entitled “Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing” and known as “HTI-1” (Final Rule).

Licensing 40

Licensing Technology Blogging Publishing 40

Technology & Marketing Law Blog

OCTOBER 6, 2023

Standard Technical Measures. McGucken claimed that his inclusion of metadata in his photos was a standard technical measure to locate infringement and that ShutterStock violated the element by stripping out the metadata automatically. 1:22-cv-00905-JHR (SDNY Oct. Stored at a User’s Direction. Those arguments go nowhere.

Licensing 82

Licensing Blogging Settlement Litigation 82

The IPKat

FEBRUARY 10, 2022

As of 1 January 2022, the Guidelines 2022 have come into effect, repealing the Standards for Trade Mark Examination and Trial (an English version of the Standards 2016 provided by IPKey is accessible here ). 1) The Madrid international trade mark registration. 1) The Madrid international trade mark registration.

Registration 80

Registration Intellectual Property Law Designs 80

The TTABlog

NOVEMBER 2, 2023

By my count, the Board has affirmed about 47 of the first 51 Section 2(e)(1) refusals that it reviewed this year. Bergsman) [Refusal to register CRAFTEDEDGE (in standard characters) for “laminate flooring; vinyl flooring; vinyl tiles; glue-laminated wood." Here are three more. How do you think they came out? Results in first comment].

Technology 70

Technology Designs Design Copyright 70

Michael Geist

SEPTEMBER 22, 2022

The first two posts in the series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem focused on the risk to the free flow of information stemming from mandatory compensation for linking and how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content.”

Government 91

Government Marketing Marketing Designs 91

The IPKat

JUNE 21, 2022

In the definition of John H. In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Publisher: Edward Elgar ISBN: 978 1 80037 837 7 Hardback price: £81.00 Extent: 232 pp.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. In Europe, it is already standard practice in this field to argue that such disclosures are not enabled. Another question raised by AI for the definition of prior art, is the definition of disclosure itself.

Patent 62

Patent Art Invention Patent Law 62

The TTABlog

OCTOBER 26, 2022

The USPTO refused to register the marks LICKMAT and LICK MAT , in standard character form, for "Feeding receptacles for pets, namely, bowls, dishes, and troughs, all for feeding" and for "Pet amusement mats being pet toys; pet toys; chewable pet toys," finding the marks to be merely descriptive of the goods under Section 2(e)(1).

Trademark 62

Trademark Copyright 62

Intellectual Property Law Blog

AUGUST 30, 2021

1 are defined in an article published in 2020 by the USPTO. 1) Training phase. Output post-processing: converting predictions to probabilities when definitiveness is harmful. (2) The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. federated learning).

Invention 242

Invention Patent Privacy Inventor 242

SpicyIP

FEBRUARY 28, 2024

While the Court’s refusal might initially look like double standards, a closer inspection displays the multiple opportunities for the plaintiff to have filed the additional documents earlier. Double Standard? (Plaintiffs) The defendants filed a written statement claiming the use of the trademark ‘PRESTIGE’ since 2005.

Trademark 52

Trademark Intellectual Property Law Business 52

The IPKat

APRIL 30, 2024

7(1)(f) EUTMR ). 7(1)(f) EUTMR ). 7(1)(f) EUTMR and the right to the presumption of innocence ( Art. 48(1) of the Charter of Fundamental Rights of the European Union (‘CFR’)). 7(1)(f) EUTMR and the right to the presumption of innocence ( Art. Escobar argued inter alia that the BoA had infringed Art.

Art 67

Art Intellectual Property Registration Publishing 67

Nelligan Law

DECEMBER 2, 2021

to the Employment Standards Act , 2000 ( ESA ), which requires employers to have a policy governing the employees’ right to disconnect from work. The definition of “disconnecting from work” is curious. On November 30, 2021, the Ontario legislature passed Bill 27, the Working for Workers Act, 2021.

Copying 83

Copying Government Law Blogging 83

LexBlog IP

JUNE 26, 2023

On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024. as of January 1, 2024. to $555.00 to $225.00

Intellectual Property 52

Intellectual Property Patent Application Trademark Blogging 52

The TTABlog

NOVEMBER 9, 2021

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. 88708065 and 88708080 (November 1, 2021) [not precedential] (Opinion by Judge Jyll Taylor). Mere descriptiveness refusal of FOIL , in standard character and stylized form, for "electric hydrofoil surfboards."

Art 70

Art Registration Copyright 70

TorrentFreak

DECEMBER 21, 2022

The Copyright Office also asked stakeholders whether it’s desirable to make certain standard technical measures mandatory for online platforms. The current DMCA already provides an option to formally adopt standard measures but that requires “broad consensus” among online services, which hasn’t been reached over the past two decades.

Copyright 128

Copyright Fair Use Public Domain Government 128

IP and Legal Filings

AUGUST 29, 2023

But linguistic wordsare often very common and if used exclusively, will be incapable of distinguishing a particular brand from another, in addition tobeing hit by the provision of Section 9(1)(b) of Trade Marks Act, 1999. 1] In the case of Living Media India Limited v. Jitender V. Jain and Anr., Nandini Deluxe v. &Ors [3].:

Trademark 87

Trademark Trademark Law Law Advertising 87

The IPKat

SEPTEMBER 4, 2023

The indication was described as the use of safinamide as an add-on therapy to levodopa in Parkinson's disease ( EU/1/14/984 ). Newron applied for an SPC based on the basic patent EP (UK) 1613296 and the EU marketing authorisation for XADAGO ( EU/1/14/984 ). Claim 1 was in the now obsolete Swiss-style format, claiming "The use of [.]

Art 117

Art Marketing Marketing Patent 117

SpicyIP

FEBRUARY 4, 2024

i ) “Likely to be true, or possible to believe”, ( ii ) “seeming reasonable or probable” or ( iii ) “how likely it is to be true”, are some of the general definitions for ‘plausible’ or ‘plausibility’ There is nothing express that may directly relate plausibility to patents ( para 58 & 92 ).

Publishing 64

Publishing Invention Patent IP 64

The IPKat

JULY 12, 2023

The survey was composed of a set of 33 questions which were set to solicit information from SMEs, small and mid-cap companies information as to how Standard Essential Patents (SEPs) and licensing frameworks function in their experience. Public input will be sought before implementing any possible intervention measures.

Licensing 52

Licensing Patent Government Intellectual Property 52

The IPKat

AUGUST 15, 2022

Legal Background: ViCo oral proceedings Article 15a RPBA 2020, which entered into force on 1 April 2021, explicitly provides that a Board may hold oral proceedings whenever it considers it appropriate to do so ( IPKat ). In G 1/21, the EBA provided a lukewarm and heavily caveated acceptance of new Article 15a RPBA 2020 ( IPKat ).

Reporting 122

Reporting Technology Patent 122

The IPKat

FEBRUARY 13, 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). Following G 1/22 (and G 2/22), A-III-6.1

Invention 70

Invention Art Inventor Designs 70

The IPKat

FEBRUARY 21, 2023

The opponent argued that claim 1 as granted was not entitled to this priority date. The Board of Appeal noted that this test should be satisfied to the same standard as required for assessing whether amendments to an application add matter ( Article 123(2) EPC ). The patent was granted with a priority date of 28 Nov 2007.

Patent Application 91

Patent Application Invention Patent Prosecution Patent 91

SpicyIP

JANUARY 4, 2023

Exemptions granted to certification marks: Why does a lack of Section 9(1)(b) exemption defeat the purpose? Certification marks indicate to consumers that the goods/services meet certain standards (like quality, materials, geographical origin, etc.) All views in the post are personal. Akshay Ajayakumar. For example, (Registration no.

Registration 105

Registration Designs Design Trademark 105

43(B)log

MARCH 27, 2023

The rule seems to be that scientific claims directed at sophisticated audiences, to whom details of the claims are disclosed, are treated as opinion, whereas scientific claims in standard consumer advertising are treated as factual.

Journalism 111

Journalism False Advertising Advertising Advertising 111

Kluwer Copyright Blog

NOVEMBER 6, 2023

While Section 1 of the Act specifies that copyright subsists only in original literary, dramatic, musical or artistic works (hereafter “works”), sections 9(3) and 178 attempted to protect computer-generated works in circumstances where there is “no human author.” We can easily see that the UK legislation is self-contradictory.

Copyright Law 64

Copyright Law Copyright Public Domain Artistic Work 64

43(B)log

JANUARY 20, 2023

AT&T because they don’t live in Florida” and offers non-Floridian seniors three options for obtaining a “55+ Discount”: (1) Switch to T-Mobile; (2) Move to Florida; or (3) Get a Virtual Florida Mailbox. AT&T argued that it was literally false to say (1) that AT&T “ban[s]” senior discounts and (2) that “92% of seniors in the U.S.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

OCTOBER 24, 2022

We’re pleased to bring to you a guest post by Akshay Ajayakumar that continues his scrutiny of the trademark registry’s standard of examination. Certification marks indicate to consumers that the goods/services meet certain standards (like quality, materials, geographical origin, etc.) What is a certification trade mark?

Journalism 81

Journalism Advertising Advertising Registration 81

SpicyIP

JUNE 27, 2022

In the first part, we summarized the proposed amendments and specifically delved into the proposed amendments to Rule 3(1)(a) and (b), arguing that it goes against the Section 79 of the Information Technology Act, 2000 (“IT Act”) as well as the judicially developed principles of intermediary liability and obligations in Shreya Singhal , Kent RO v.

Due Diligence 105

Due Diligence Privacy Government Technology 105

Michael Geist

NOVEMBER 7, 2022

Standing Committee on Canadian Heritage, November 1, 2022. Second, many of the eligible news outlets will not be subject to journalistic standards under the bill. Updates on the podcast on Twitter at @Lawbytespod. Credits: CTV News, Feds Introduce Online News Act. Standing Committee on Canadian Heritage, October 18, 2022.

Law 87

Law Journalism Copyright Copyright Law 87

JIPL Online

APRIL 22, 2021

v] This wait-and-see approach has led to many questions, including what standard, if any, the FDA uses to determine this three-year market exclusivity. Litigation surrounding the three-year market exclusivity provision shows us not only how inherently ambiguous the provision is but also the need for a clearly defined standard.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

IP and Legal Filings

JUNE 27, 2022

HISTORY & DEVELOPMENT: IPRs are not new to define but what matters is the interpretation of the definition. Formally in 1995, the Trade-Related Aspects of Intellectual Property Agreement (TRIPS) came into being from where started the journey of providing minimum protection standards in relation to international trade.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

The IPKat

AUGUST 30, 2021

As the Appointed Person noted at the outset, the standard of appeal is such that he would need to identify whether the Hearing Officer had made a distinct and material error of principle in reaching her decision. The relevant part of the definition of an “earlier trade mark” is found under section 6(1)(b) of the Trade Marks Act 1994.

Registration 120

Registration IP Intellectual Property 120