Intellectual Property Law Blog

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

Patent 212

Patent Patent Application Technology Invention 212

Plagiarism Today

MAY 23, 2022

Turnitin launched in 2000, Audible Magic began providing a similar service for audio files in 2002 and YouTube’s Content ID System debuted in 2007. Authors are posting to TikTok and YouTube, musicians are dabbling in visual arts, and everyone is picking up the pen to fill their social media accounts.

Plagiarism 298

Plagiarism Copying Social Media Technology 298

The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. The case goes as follows.

Designs 111

Designs Design Art Patent 111

Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. Prior to discussing the prior art issue on appeal, the PTAB warned: Before delving into the merits of the art rejection, we would be remiss.

Patent 189

Patent Patent Application Invention Art 189

The IPKat

DECEMBER 21, 2021

Under art. 7 (1) of Directive 98/71/EC (and equivalent art. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.” In the early years of Regulation 6/2002, this theory was also applied by the EUIPO.

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Designs Design Law Art 128

LexBlog IP

MAY 20, 2022

At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018. In the last quarter of 2020, the United States Patent and Trademark Office (USPTO) reported that patent filings for Artificial Intelligence (AI) related inventions more than doubled from 2002 to 2018.

Patent Application 98

Patent Application Patent Invention Art 98

The IPKat

DECEMBER 11, 2023

Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Pursuant to Arts. 8 Regulation 6/2002), not being new (Art. 5 Regulation 6/2002) and not having individual character (Art.

Art 72

Art Designs Design Copyright 72

Patently-O

AUGUST 30, 2021

Typically this involves disclosure of “either a representative number of species falling within the scope of the genus or structural features common to the members of the genus so that one of skill in the art can ‘visualize or recognize’ the members of the genus.” Provisional App: 52334_60383872 ].

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Inventor Invention Patent Patent Application 132

Canadian Intellectual Property Blog

NOVEMBER 15, 2021

The subject matter of a patent claim must not have been previously disclosed, and the invention must not be obvious to a person skilled in the art or science to which it pertains [1]. 2020 FC 621 , a poster was presented at a conference in Baltimore in 2002, 18 years previous. In Biogen Canada Inc. Taro Pharmaceuticals Inc.

Art 52

Art Invention Intellectual Property Intellectual Property Law 52

The IPKat

AUGUST 2, 2021

Ferrari appealed to the Bundesgerichtshof, which decided to stay the proceedings and request a preliminary ruling concerning the interpretation of Article 11(1) and the first sentence of Article 11(2), as well as of Article 4(2)(b) and Article 6(1)(a), of Regulation 6/2002. 116 of the Opinion).

Designs 131

Designs Design Art Law 131

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor.

Art 59

Art Plagiarism Artwork Graphic Design 59

The IPKat

JANUARY 30, 2024

The protection of works of applied art by intellectual property is a divisive issue. Works of applied art can indeed be protected by copyright as long [ as explicitly mentioned by article L 112-2 10° of the CPI ] they are sufficiently original. This position calls for several comments.

Designs 75

Designs Design Art Intellectual Property 75

IPilogue

SEPTEMBER 28, 2021

However, this 2002 decision did not define whether AI technology can be an inventor. Canada: Apotex Inc v Wellcome Foundation Ltd [2002] 4 SCR 153. In light of the recent court decision of Thaler v Hirshfeld et al. As will follow, Canada addressed this matter in Apotex Inc v Wellcome Foundation.

Technology 111

Technology Inventor Patent Patent Law 111

Kluwer Copyright Blog

SEPTEMBER 20, 2023

However, these judgments were overturned by the German Federal Constitutional Court (BVerfG) in 2016 on the grounds that they did not sufficiently take into account the artistic creative process as protected by the constitutional freedom of art ( BVerfG, 31.5.2016 – 1 BvR 1585/13 ; commented here ). 5 InfoSoc Directive.

Art 83

Art Copyright Law Copyright Music 83

SpicyIP

MARCH 11, 2025

Anjali is a fourth-year law student at JGLS with an interest in IP rights, access to education, and the creative arts. crore under the Prevention of Money Laundering Act (PMLA), 2002. Her previous post can be accessed here. ]

Plagiarism 59

Plagiarism Copyright Copyright Infringement Reporting 59

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor.

Art 52

Art Plagiarism Artwork Graphic Design 52

The IPKat

SEPTEMBER 14, 2023

Meanwhile in June 2021, Germany’s implementation of Art. Before the Court of Appeal, Pelham argued that acts committed before December 22, 2002 (phase 1), after December 22, 2002 until June 7, 2021 (phase 2) and acts from June 7, 2021 (phase 3) need to be treated differently, due to the changes of the legal framework.

Art 90

Art Music Copyright Reporting 90

SpicyIP

JANUARY 11, 2022

The rejection held that the device fails to establish inventiveness that is not obvious to a person skilled in the art. Citing the IPAB decision in Sankalp Rehabilitation Trust v. Hoffmann-La Roche (Order No. Hoffmann-La Roche (Order No. The obviousness test laid down in Biswanath Prasad Radhey Shyam v.

Invention 119

Invention Patent Art Patent Application 119

Intepat

APRIL 20, 2022

The requirement of enablement, in essence, is a stipulation that for being granted a patent the inventor/applicant must describe the invention with enough particularity, in a way that those skilled in the art will be able to make, use and understand the invention that was made by the inventor.

Patent 98

Patent Inventor Invention Art 98

The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. Background, analysis and comments are provided by GuestKat Anastasiia Kyrylenko.

Moral Rights 78

Moral Rights Database Right Designs Design 78

Michael Geist

JULY 20, 2022

Some have adopted wording similar to that in art. Others have made no statutory changes, relying instead on existing rights to give effect to the obligations under art. The United States, for example, has relied on its existing reproduction, performance, and distribution rights to give effect to its art. 74-77; Foong, at p.

Copyright Law 145

Copyright Law Copyright Law Music 145

The IPKat

DECEMBER 17, 2022

In the EU, examples are ‘medicinal product’ ( Art. 1 of Directive 2001/83/EC ) and ‘food supplements’ ( Art. 2(a) of Directive 2002/46/EC ). Others may be fuzzy around the edges. And there are some terms that have been defined by the legislator.

Editing 130

Editing Art Law Licensing 130

The IPKat

NOVEMBER 9, 2021

The first interesting feature of the Swedish proposal is that it does not use the exact same wording of the Directive insofar as safe harbour availability is concerned: the bill seems to provide for the inapplicability of Article 14 of the Ecommerce Directive to the activities within the scope of Art 17 of the DSM Directive … and beyond.

Government 137

Government Copyright Related Rights Law 137

LexBlog IP

FEBRUARY 23, 2022

The “Background” section of the ’674 Patent describes a prior art method to solve the stray current problem through the use of power-on and power-off detectors and a power-on/power-off control (POC) signal. Patent Application Publication 2002/0163364 to to Majcherczak et. al. (“Majcherczak”). Discussion.

Art 52

Art Patent Application Patent Invention 52

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Within the culinary industry, plating is considered an art. [1] Modak [2] (2002). play a vital role in artistically attracting the consumers.

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Copyright Artistic Work Copyright Law Art 105

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. company specializing in greeting cards depicting street art, subsequently used this image in their products. Furthermore, the Board clarified that a work of art subject to copyright protection could also act as a trademark.

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Trademark Artwork Registration Art 105

The IPKat

MARCH 14, 2023

In order to demarcate both IP rights, Art. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. In practise, the application of Art. The CJEU’s decision Question 1 The CJEU pointed out that Art.

Designs 86

Designs Design Art Registration 86

The IPKat

JUNE 25, 2023

Piment D’Espelette” (Espelette pepper) is a protected denomination of origin (PDO) from the French Basque Country since 2002. This is an infringement of Art. Such use may certainly qualify as “any direct or indirect commercial use […] in respect of products not covered by the registration” of the GI (Art.

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Art Marketing Marketing Registration 80

JD Supra Law

FEBRUARY 21, 2022

in 2002 alleging that one of John Bean’s patents was invalid over certain identified prior art. Morris & Associates, Inc., 3d 1322 (Fed. Leading up to the first case, Morris & Associates., wrote a demand letter to John Bean Techs. John Bean did not respond, and Morris spent the next decade.

Art 52

Art Technology Patent 52

SpicyIP

FEBRUARY 19, 2024

The Court held that the assessment of the Assistant Controller does not disclose how the invention lacks inventive step and would fall within the prior art. Secondly, sufficient analysis has not been provided in relation to the prior art mentioned in the order of the controller.

Invention 105

Invention Music Art Patent Application 105

Intellectual Property Law Blog

DECEMBER 21, 2023

On November 19, 2021 (approximately 19 months after the statutory deadline as extended), the PTAB denied Purdue’s motion and issued its Final Written Decision, finding the challenged claims unpatentable for lack of written description and as anticipated by the prior art. 3d 1368, 1376–77 (Fed.

Litigation 147

Litigation Patent Art Designs 147

IP and Legal Filings

FEBRUARY 10, 2023

The legal nature of regulations enacted by the European Community is supranational because they are directly applicable in all Member States (Art. Ebke, ‘The ‘Real Seat’ Doctrine in the Conflict of Corporate Laws’, 36 [2002] International Lawyer 1015- 1037, 1016. ii] Dicey and Morris, The Conflict of Laws, Collins, 2002, Vol.

Law 98

Law Business Government Journalism 98

LexBlog IP

AUGUST 22, 2022

In 2002, Mark Chester, an engineer at Koso America, Inc. (“Koso”), participated in a project to create a new valve for a hydraulic actuator. REXA argued that Chester and MEA’s actuator incorporated and disclosed confidential designs contained within the prototype Koso developed in 2002. ” REXA, Inc.

Patent Application 52

Patent Application Public Domain Design Designs 52

LexBlog IP

AUGUST 30, 2023

Regarding the ’101 patent, Sandoz argued that the district court erred in holding that the ’515 provisional application inherently disclosed the crystalline Form B of apremilast and thus that it did not provide the necessary written description support to entitle the patent to a March 2002 priority date. Holding(s) No.

Art 52

Art Patent Inventor Marketing 52

The IPKat

FEBRUARY 16, 2023

In 2002, morbier became a PDO. The Association did not specifically claim evocation, but relied on all prohibited activity listed in Art. It argued that in ruling that a PDO only protects its name, the Paris Appeal Court misconstrued Art. Preliminary ruling Although the request concerned Art. According to the CJEU, Art.

Art 81

Art Registration Licensing Marketing 81

The IPKat

APRIL 12, 2023

Normal 0 false 21 false false false DE X-NONE HE A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product ( Art. 4(2)(a) of Regulation 6/2002 , ‘Design Regulation’). 3(c) Design Regulation ).

Designs 85

Designs Design Art 85

IPilogue

NOVEMBER 11, 2021

Over time, Canadian courts also began to increasingly recognize the need for a careful balancing act to weigh the rights of copyright owners against those of the public. In Théberge v Galerie d’Art du Petit Champlain Inc.

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Fair Use Copyright Law Copyright Intellectual Property 110