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Before the Breakthrough: Does Prior Art Include Wrongfully Published Applications?

SpicyIP

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

Art 104
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Plagiarism Police come for Winston & Strawn

Patently-O

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y. Cannon , 789 N.W.2d

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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

The Department for Promotion of Industry and Internal Trade (DPIIT), under which the Patent Office functions, has published for consultation a set of proposed amendments to the Patent Rules, 2003. Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office.

Patent 52
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Priority Documents Digital Access Service (DAS) And IPO

Intepat

This will be beneficial for the applicants filing PCT applications claiming priority from Indian Patent applications and the Examiners at the IPO and WIPO who are handling such applications. No requirement to provide a certified copy of priority document to each office of second filing individually. *No

Copying 52
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Schrodinger’s Claims of Mitsui Chemicals: Claims That Are There and Also Not There

SpicyIP

Third, patentability of a method of agriculture- the issue of Section 3(h). The Factual Matrix Mitsui Chemicals (Appellant) filed a patent application in India through the PCT route in 2009. The application claimed priority from a Japanese application and the PCT claims was directed towards- “1. Let’s dive in.

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Patent Translation: Good and Bad?

IP and Legal Filings

If the patent claims are translated in a wrong manner, then there are chances that the claims might get narrowed or even get broadened. In any of the cases, it can be costly for the applicant in the case, any third party sues the applicant concerning the patent application. Also in 35 U.S.C.

Patent 80
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IP infringement in Metaverse

IIPRD

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. With the growing number of patent applications, the risk is also increasing.

IP 52