Intellectual Property Law Blog

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. 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%. See Alice Corp.

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Patent Invention Patent Application Patent Drafting 133

Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”).

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Patent Inventor Invention Art 98

SpicyIP

AUGUST 22, 2022

This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part II: Claims & Pluralities. Author: Amit Tailor.

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Patent Application Invention Patent Reporting 119

IPilogue

SEPTEMBER 28, 2021

However, this 2002 decision did not define whether AI technology can be an inventor. The two creators listed DABUS as the inventor on two applications for patents for the inventions of a light beacon and a food container. On appeal, Judge Brinkema agreed that Thaler and Abbott could not list DABUS as the inventor on a patent.

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Technology Inventor Patent Patent Law 111

SpicyIP

AUGUST 23, 2024

Looking at Traditional Knowledge and Patents: The MHC recently upheld the Controller’s rejection of a patent application for being based on Panchagavya, a form of Traditional Knowledge. It considers whether the known properties of these products have been aggregated in the claimed invention (Para 12).

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Patent Invention Patent Application Art 105

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

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Reporting Patent Law Law Patent 108

The IPKat

OCTOBER 31, 2021

Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. The traditional notion that patents are territorial rights is, however, under considerable stress.

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Patent Invention Intellectual Property Law Intellectual Property 86

SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. The Controller of Patents. Anything we are missing out on? Sun Pharma Laboratories Ltd.

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Invention Music Art Patent Application 105

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

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Invention Intellectual Property Patent Copyright 52

SpicyIP

JULY 25, 2023

Image from sketchplanations [Long Post ahead] Who wins in a conflict between the Competition Act and the Patents Act? Clearly, both the Competition Act and the Patents Act are special Acts, governing specific but intertwining subject matters. That’s been the central bone of contention in two big disputes for almost a decade now.

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Patent Licensing Invention Marketing 98

Olartemoure Blog

JULY 15, 2023

THE INVENTION OF THE ICE CREAM CONE US2061260A Inventor: Francis W. Turnbull, from the Turnbull Cone & Machine Company, obtained a patent for this technology in 1936. 20, 2002 Invented in 2002 by James E. 06, 1998 This device was invented by Richard B. Turnbull Date: Nov. 17, 1936 Francis W.

Inventor 52

Inventor Patent Invention Intellectual Property 52

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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Invention Contracts Licensing Inventor 83

IP and Legal Filings

JANUARY 30, 2023

Image Sources : Shutterstock] The Sensorama Machine, invented by Morton Heilig in 1962, created a simulation of riding a motorcycle where the user could experience the vibrations of the bike, sounds, and scents associated with the ride while immersed in a 3D video environment. because it is not possible to patent the Metaverse as a whole.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

IIPRD

MARCH 21, 2024

IPRs are a set of statutory rights protected under the Indian Copyrights Act of 1957, the Patents Act of 1970, the Trademarks Act of 1999, trade secrets, or sui generis protection. Articles 40 and 30 of the TRIPS Agreement address limited exceptions to patent rights and anti-competitive activities in contractual licensing, respectively.

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Intellectual Property Law Licensing Intellectual Property Law 98

Patently-O

FEBRUARY 20, 2023

Constitution authorizes Congress to legislatively create a patent system. And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

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Invention Technology Patent Law 90

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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IP Branding Branding Brands 132

SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents. But he did not.

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Patent Government Design Designs 98

Selvam & Selvam Blog

OCTOBER 19, 2024

India’s commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. For inventors seeking to patent inventions involving biological resources, the Act mandates obtaining approval from the National Biodiversity Authority (NBA). – Location and source of the resources.

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Patent Application Inventor Patent Due Diligence 52

Patently-O

JUNE 21, 2024

agreeing that the asserted claims are directed to patent ineligible subject matter under 35 U.S.C. § The patents at issue were directed to methods of facilitating remote gambling activity using devises equipped with GPS. Claim 2 of the US10255755 (2002 priority date), was the most discussed claim in the case. Beteiro, LLC v.

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Patent Technology Patent Application Invention 59

IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. They accused the defendants (T.V.S. Motor Company Ltd.)

Invention 83

Invention Patent Patent Infringement Technology 83

IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. These laws establish the backbone of safeguarding all the rights accrued to various kinds of intellectual property.

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Intellectual Property Law Intellectual Property Licensing Law 59

Intepat

APRIL 20, 2022

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. For instance, the European Patent Convention only demands the enablement requirement be fulfilled ( Article 83 ). . Indian Patent Position.

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Patent Invention Inventor Art 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. The Patents Act of 1970 focuses on patents, granting exclusive rights to inventors for new inventions or processes. It is given for 60 years.

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Intellectual Property Invention Artistic Work Copyright 75

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Orlando Ventura , 537 U.S. 183 (2006).

Patent Law 75

Patent Law Law Patent Art 75

IP and Legal Filings

OCTOBER 26, 2021

Defensive protection strategies may also include documenting traditional medical knowledge systems in order to oppose or invalidate patents that claim inventions which root from such systems. These initiatives have attempted to prevent patents from being erroneously granted. Turmeric patent case. Das and Hari Har P.

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Intellectual Property Journalism IP Invention 94

The IPKat

JANUARY 9, 2022

The written description requirement stipulates that a patent specification should sufficiently describe the claimed invention such that a skilled person would be convinced that the inventor had possession of the claimed subject matter at the filing date. cancer) cells ( Singh et al. ).

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Invention Inventor Patent Patent Application 76

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

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IP Copyright Trademark Intellectual Property 124

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The problem arises when the push and pull of competition law and patent law cause friction.

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Law Patent Settlement Inventor 52

SpicyIP

MARCH 13, 2023

Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. Again in the case of Mosanto holding Pvt.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

Patently-O

MAY 17, 2024

The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage.

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Invention Patent Inventor Patent Application 89

SpicyIP

NOVEMBER 23, 2024

The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches.

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Patent Patent Application Patent Law Patent Prosecution 64

SpicyIP

JULY 10, 2023

We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality Council of India. Case Summaries Delhi High Court refuses to grant an interim injunction against the alleged infringement of ‘Regorafenib’ patent Case: Bayer Healthcare v.

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Registration Copyright Infringement Trademark Copyright 98

Patently-O

AUGUST 15, 2022

The Federal Circuit had previously broadly applied the non-statutory doctrine to prevent a prior owner of patent rights (the “assignor”) from later challenging the validity of those rights. The patent application was in this state — with only permeable member claims — when the assignment at issue took place.

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Invention Patent Application Inventor Patent 61

LexBlog IP

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. 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%. See Alice Corp.

Patent Application 52

Patent Application Patent Invention Art 52

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

Invention 52

Invention Trademark Reporting Editing 52

Patently-O

SEPTEMBER 13, 2022

275 (1892) (aka, The Barbed Wire Patent Cases ); and. 2002) (Note, this is Juicy Whip II. in Juicy Whip I , the court rejected a contention that the invention lacked utility because of its stated intent of deceiving the public. Both of these cases relate to the type of evidence available to invalidate issued patents.

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Art Invention Patent Litigation 78