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Difference Between Trademark And Design Registration In India

IP and Legal Filings

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Prefiling Offer by Business Partner Dooms Patent

Patently-O

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

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Patent – a shield for modern biotechnology

Biswajit Sarkar Copyright Blog

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Essentially, it protects the functional aspects of inventions.

Patent 103
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Substance Over Form — When a Quote May Constitute a Commercial Offer for Sale

IP Intelligence

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § 8, 1999 letter before the D’839 Patent’s critical date, i.e., Feb. 7, 1999, was a commercial offer for sale of a product embodying the claimed design.

Designs 52
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Substance Over Form — When a Quote May Constitute a Commercial Offer for Sale

LexBlog IP

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § 8, 1999 letter before the D’839 Patent’s critical date, i.e., Feb. Junker filed a design patent application on Feb. § 102.

Designs 52
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SpicyIP Weekly Review (November 8-November 15)

SpicyIP

The court further directed the authorities to look whether these DNRs ought to be permitted to continue to offer their goods and services in India, if they are not giving effect to orders the courts and not complying with the provisions of IT Act 2000, and the 2021 Rules. IIT-Patna battery management system gets a patent.

Trademark 105
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IPSC: Remedies and Creativity

43(B)log

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Aren’t they just the invention of an element of the claim?

IP 89