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%. 55942 (Oct.

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Patent Invention Patent Application Patent Drafting 133

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. Section 3(p) prohibits granting patents based on the claimed invention/process containing TK directly or in effect.

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Patent Invention Patent Application Art 105

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. The first decision concerns application no. a tobacco company.

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Invention Patent Art Patent Application 119

Patently-O

AUGUST 30, 2021

The COVID vaccines do not genetically modify your DNA, but Juno’s patented CAR T-Cell therapy certainly does. The patent claims a nucleic acid polymer (DNA/RNA) that encodes for a particular “chimeric T cell receptor.” But, the patent does not actually disclose the DNA sequence of such a binding element.

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Inventor Invention Patent Patent Application 132

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

Kashishipr

OCTOBER 20, 2021

The evergreening of patents is a common element of pharmaceutical patents. The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents.

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Patent Intellectual Property Inventor Government 105

The IPKat

JANUARY 18, 2022

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. One of the two questions at issue in the case was the role that patent documentation plays in establishing the technical functionality of the features of a design.

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Designs Design Art Patent 110

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 110

SpicyIP

MARCH 9, 2025

A quick glance at last week analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Courts jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. For more details see their call for applications in this post. Bharathwaj Ramakrishnan discusses this issue.

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Trademark Patent Copyright Patent Application 59

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?

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Invention Trademark Reporting Editing 52

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.

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Patent Government Designs Design 98

IP and Legal Filings

JANUARY 30, 2023

Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other. Patent and Metaverse Over the past ten years, there have been an increasing number of metaverse-related patent filings.

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Intellectual Property Non-Fungible Tokens Trademark Copyright 98

SpicyIP

MARCH 10, 2023

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. These activities included publishing papers, filing of patent applications or where research results were shared.

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Intellectual Property Government Law Publishing 105

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.

Invention 105

Invention Music Art Patent Application 105

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.

Patent 59

Patent Technology Patent Application Invention 59

The IPKat

JULY 14, 2021

Reddy and Pai argue that even if a waiver results in a suspension of certain rules, vaccines cannot be manufactured without technology transfer and by merely waiving patents. We have written here about the disclosure problem in the patent system – that creates a gap between sufficiency of disclosure and enablement and manufacturing.

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IP Licensing Technology Government 145

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. Chester and MEA filed a related patent application, which was approved in part. ” REXA, Inc. Chester , — F.4th 4th —, 2022 WL 2981167, at *6 (7th Cir.

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Patent Application Public Domain Designs Design 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

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. SCOPE FOR PATENT PROTECTION: The growth of patents in biotechnology has been remarkable in recent decades, driven by several key factors that reflect the increasing importance and complexity of this field.

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Invention Patent Intellectual Property Technology 59

Garrigues Blog

APRIL 27, 2021

However, this is if the applicable time period requirements are met: twelve months from the first application in the case of patents and six months from the first application in the case of industrial designs and trademarks.

Designs 52

Designs Design Patent Application Intellectual Property 52

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. However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant, and that is ‘enablement.’

Patent 52

Patent Inventor Invention Art 52

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%. Part Three.

Patent Application 52

Patent Application Patent Invention Art 52

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 98

LexBlog IP

SEPTEMBER 1, 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%.

Patent 52

Patent Patent Application Invention Technology 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.

Litigation 52

Litigation Patent Patent Application Technology 52

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

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. This case holds significant importance not only due to the financial implications for the involved parties but also due to its implications for the application of the doctrine of pith and marrow. Motor Company Ltd.)

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Invention Patent Patent Infringement Technology 94

The IPKat

OCTOBER 19, 2022

At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to the right to an existing patent or patent application. Trade Marks Many would consider the shape of Dior’s Saddle bag to be iconic.

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Designs Design Reporting Registration 68

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.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

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%. 55942 (Oct.

Patent 52

Patent Invention Patent Application 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

LexBlog IP

JUNE 10, 2022

From 2002 to 2018, annual AI patent applications increased from 30,000 to 60,000. Additionally, the share of all patent applications that contain AI increased from 9 percent to about 16 percent. With technological improvements, however, AI has upgraded from tool to creator.

Copyright 52

Copyright Copyright Law Law Intellectual Property 52

IP Intelligence

JUNE 10, 2022

From 2002 to 2018, annual AI patent applications increased from 30,000 to 60,000. Additionally, the share of all patent applications that contain AI increased from 9 percent to about 16 percent. With technological improvements, however, AI has upgraded from tool to creator.

Copyright 52

Copyright Copyright Law Law Intellectual Property 52

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 105

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. During infringement proceedings relating to the patent, the defendant ( Kite Pharma Inc.)

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Inventor Invention Patent Patent Application 77

IIPRD

JUNE 24, 2024

From patents to copyrights, Trade Marks to trade secrets, the Berne Convention to TRIPS, knowing these accords is critical for individuals, corporations, and policymakers navigating the complexity of ‘intellectual property’ protection in the twenty-first century. ‘The

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Intellectual Property Artistic Work Registration Copyright 52

Canadian Intellectual Property Blog

NOVEMBER 15, 2021

Unfortunately, what is good for the sharing of information is often not good for the patenting of inventions that arise from the research and products presented at these conferences. 2020 FC 621 , a poster was presented at a conference in Baltimore in 2002, 18 years previous. In Biogen Canada Inc. Taro Pharmaceuticals Inc.

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Art Invention Intellectual Property Intellectual Property Law 52