Patently-O

JUNE 15, 2022

UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. UMass’s proposed construction now cannot fairly be squared with the under standing that both it and the examiner expressed during prosecution, and on which skilled artisans are entitled to rely.

Invention 78

Invention Inventor Blogging Patent 78

SpicyIP

OCTOBER 19, 2023

Endeavors with similar objectives have been made earlier as well, e.g., through the Public Funded Research and Development (Protection, Utilisation and Regulation of Intellectual Property) Bill, 2007 aka Indian Bayh Dole Act. In any case, the area demands more attention and deliberation given the not-so-reliable data available on this topic.

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

Corsearch

FEBRUARY 9, 2023

We are delighted to share more about Mike’s appointment and why it strengthens Corsearch’s credentials as respected thought leaders in the industry, where having the courage and tenacity to demand change is what stands us apart. Targeted topics include IP infringement on fast-growing e-commerce platforms.

Branding 52

Branding Brands Branding Intellectual Property 52

Patently-O

FEBRUARY 27, 2024

As the guidelines state, “USPTO personnel continue to ground obviousness determinations in the objective inquiries announced in Graham.” Under long standing precedent, we assume that a PHOSITA would only look to certain “analogous” references in considering whether to move forward with an obvious project.

Art 120

Art Invention Patent Application Patent 120

Kluwer Copyright Blog

JANUARY 26, 2023

As it stands now, they must be considered as a flexible set (see here ). In order to overcome this, the National Strategy for Intellectual Property (ENPI) proposes guidelines, goals, objectives and actions divided into strategic thematic axes ( ENPI 38). 10.534/2020.

Copyright 56

Copyright Intellectual Property Copyright Law IP 56

The IPKat

APRIL 10, 2024

It dismissed the preliminary objections raised by the NCC regarding its legal standing, paving the way for a substantive examination of the privacy concerns. Court's reasoning: Balancing act or missed opportunity? The Court's judgment hinged on a literal interpretation of the legal framework.

Privacy 57

Privacy Law Government Confidentiality 57

IPilogue

MARCH 21, 2022

Labelling the work as a “creation”, as opposed to an “output” or “generation”, has been the topic of global debate. Only time will tell where Canada stands on AI authorship as we await the results of the public consultation. requiring some human participation for AI-generated works to receive authorship); and.

Registration 120

Registration Copyright Intellectual Property Public Domain 120

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. also voiced some support, viewing it as “an opportunity to reemphasize the idea of working towards high-level objectives and principles.”

Copyright 104

Copyright Intellectual Property Publishing Reporting 104

LexBlog IP

AUGUST 30, 2023

The plaintiff and the first defendant set up a company (the second defendant) with the objective of trading recipes and spice mixes for mass consumption. Other elements of work without originality are objects of free use. In 2017, he met the first defendant, a high-ranking executive in an international food-industry company.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

OCTOBER 2, 2023

LLM are undeniably very good at providing generic text on a topic for which the internet provides extensive guidance, and for which a deep understanding of complex specialist technical issues is not required. However, as things currently stand, LLM tools still have some considerable limitations.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

IIPRD

NOVEMBER 1, 2023

Only works that stand out from the crowd as being really original will be awarded a positive rating. This will vary from artist to artist and work to work, but the important thing is to evaluate each item objectively. Having a thorough understanding of these topics is crucial for avoiding problems.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

The IPKat

OCTOBER 25, 2021

Conversely, if the patentee's additional data were taken into account, the Board of Appeal found that the objective technical problem to be solved in view of the prior art could be revised as the provision of an synergistic insecticide activity against C. suppressallis , i.e. the moth species to which the new data related.

Invention 86

Invention Publishing Patent Application Art 86

The IPKat

OCTOBER 9, 2021

A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). Although validity objections are often of paramount importance to the implementer in infringement proceedings, such objections will generally not be considered. Ahhh, the German injunction gap.

Reporting 57

Reporting Patent Intellectual Property Litigation 57

Technology & Marketing Law Blog

JULY 18, 2023

This topic, and Google’s use of its dominant position, found its way to Congressional deliberations , where Google was accused of “intercept[ing] traffic from third-party websites by forcibly scraping their content and placing it directly on Google’s own site.” From this perspective, Genius’s complaint is rather standard.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IP and Legal Filings

JANUARY 19, 2023

Corporates could be seen spending numerous resources so as to create a position in the market and to stand out from the crowd. Introduction Be it a trademark, patent, copyright, intellectual property has become an important part of the company’s success.

Intellectual Property 86

Intellectual Property Licensing Trademark IP 86

Copyright Lately

JANUARY 23, 2023

As I noted in an earlier post , the programs use data from training images and their associated text to identify the essential qualities of objects and to discover relationships between their fundamental elements. There’s no “cutting and pasting” involved. (If

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Kluwer Copyright Blog

OCTOBER 5, 2022

The Defendant conceded that the strike out application and the summary judgment application would stand or fall together, and so the Judge only needed to address the strike out application, although the judgment does refer to the law on summary judgment briefly. Works of Artistic Craftsmanship. by Alexander Puutio. €

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

SpicyIP

JUNE 19, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

IP 119

IP Fair Use Invention Copyright 119

Intellectual Property Law Blog

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285: FMC argued that OneSubsea’s infringement theories were objectively baseless after the District Court’s claim construction ruling on the term “divert.”

IP 130

IP Litigation Patent Law 130

TorrentFreak

MARCH 7, 2024

Early last year, a group of filmmakers obtained a subpoena that required Reddit to reveal the identities of users who commented on piracy-related topics. The company objected, arguing that handing over the requested information would violate its users’ right to anonymous speech. .

IP 109

IP Copying Copyright Law 109

SpicyIP

JULY 3, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

IP 119

IP Intellectual Property Government Invention 119

SpicyIP

JANUARY 9, 2023

Delhi High Court reiterates that the Controller cannot raise new grounds of objections at the time of hearing. The Plaintiff had argued that the Controller raised the Section 3(f) objection during the hearing, without any prior notice and thus the order should be set aside. Case: Perkinelmer Health Sciences Inc and Ors.

Trademark 105

Trademark IP Registration Reporting 105

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. Exceptional Case Findings Under 35 U.S.C. § ” .”

IP 52

IP Litigation Patent Law 52

SpicyIP

AUGUST 3, 2023

Prashant’s potent post on this topic titled “ The Uneasy Alliance between Basmati & IP ” discusses the issue since the RiceTec case and the politics around IP protection. Separately, those interested in this topic should check this post called Indian “Bayh Dole” Problems: Some Resource ; particularly check the CIS piece.)

Registration 98

Registration IP Copyright Blogging 98

Technology & Marketing Law Blog

OCTOBER 16, 2023

The court continues: “what is ‘in the best interest of children’ is not an objective standard but rather a contentious topic of political debate.” That makes this topic is the #1 battle privacy advocates should be fighting. AND YET…I mostly continue to mostly hear deafening silence from privacy advocates on this topic.

Designs 78

Designs Design Privacy Business 78

SpicyIP

FEBRUARY 24, 2023

However, the same stands rejected by the Registry on the ground of its similarity with Techsquare’s mark ( pdf ). It does not talk about the rejection of Toyota’s mark but rather calls it “objected” in para. Furthermore, it does not talk about Toyota’s objection to Techsquare’s applications in class 12 for vehicles as well.

Registration 75

Registration Intellectual Property Law Trademark Branding 75

SpicyIP

MAY 4, 2023

For this, the court dived deep into assessing the Statement of Object and Reasons of the Amending Act and the Parliamentary Standing Committee Report on the Copyright Amendment and held that these documents point towards additional protection of the rights of the authors of underlying works. Rectifying the Past?

Music 98

Music Copyright Ownership Licensing 98

SpicyIP

JULY 26, 2021

Topical Highlight. In this guest post , Nishtha analysed whether the relief of John Doe injunction orders has remained true to the underlying objectives behind the principles of equity, in light of a recent Delhi High Court order blocking websites on grounds of piracy. Do Ashok Kumar Orders Conform to Principles of Equity? Other News.

Copyright 97

Copyright Patent Television Intellectual Property 97

LexBlog IP

MARCH 27, 2023

The “ P ” in ChatGPT stands for “Pre-trained” meaning that ChatGPT is an already-trained, ready-to-use model. This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic). early 2022).

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Motivation and Objective Indicia. Motivation to combine and objective indicia are commonly disputed issues in obviousness cases. Institution Reviewability. Obviousness. In Chemours Co. Amending Claims.

Reporting 52

Reporting Art Invention Patent 52

IP and Legal Filings

DECEMBER 21, 2023

The primary objective of this act in the protection of women, prevention and redressal of the complaints of sexual harassment and to protect women at different types of workplaces. Under Articles 14 and 15(3) sexual harassment has been termed as violation of basic fundamental rights of women.

Reporting 76

Reporting Journalism Government Law 76

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. 15) It said: “Parody needs to mimic an original to make its point, and so has some claim to use the creation of its victim’s imagination, whereas satire can stand on its own two feet and so requires justification for the very act of borrowing.” ( Id. In the first, Sony Corp.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

The IPKat

AUGUST 11, 2022

KECOBO's advisory on memes and copyright law The advisory defined a meme as "an image, video or text used in social media for humorous or political banter and illustrative of a line of thought on a topic under discussion".

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. Expect a response from the Chamber similar to this one.

Blogging 52

Blogging Litigation Ownership Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Ass’n for Accessible Medicines v. Antitrust and Competition.

Litigation 52

Litigation Settlement Patent Marketing 52