SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

Reporting 136

Reporting Patent Law Patent Application Patent 136

Patently-O

FEBRUARY 10, 2022

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.

Business 78

Business Patent Invention Design Patent 78

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.

Inventor 132

Inventor Invention Patent Patent Application 132

IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. While, the patent provides a strong security, it is essential to be aware of its geographical limitations.

Patent 97

Patent Invention Inventor Patent Application 97

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. An agent was engaged thereafter to file a request for restoring the patent application.

Government 105

Government Trademark Patent Patent Application 105

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.

IP 133

IP Branding Branding Brands 133

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

TorrentFreak

SEPTEMBER 28, 2023

Under Section 297A(a) of the Copyright, Designs and Patents Act 1988, both men admitted “Selling, Distributing Or Letting For Hire Or Exposing For Sale Or Hire An Unauthorized Decoder.”

Design 120

Design Designs Licensing Intellectual Property 120

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

Patent 52

Patent Invention Patent Application Design 52

Patently-O

SEPTEMBER 7, 2021

Editor’s Note: Avery Welker is a 2L at Mizzou and likely a future patent attorney. This appeal arose from a summary judgment grant to Pandrol [4] (Plaintiffs-Appellees) over Airboss [5] (Defendants-Appellants), declaring that Airboss failed to show clear and convincing evidence of patent invalidity. [6]. The patent at issue, U.S.

Law 78

Law Inventor Intellectual Property Reporting 78

Intellectual Property Law Blog

DECEMBER 21, 2023

21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. 9,693,961 (“the ‘961 patent”). In March 2018, Collegium petitioned the PTAB for PGR of claims 1-17 of the ‘961 patent.

Litigation 147

Litigation Patent Art Designs 147

SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. from Jindal Global Law School, Sonipat.]

Patent 105

Patent Invention Patent Application Public Domain 105

SpicyIP

DECEMBER 14, 2022

With the enactment of the TRA, the jurisdiction in respect of appeals and revocation petitions under the Patents Act was transferred back to High Courts. The Controller of Patents and Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents concerned an appeal under Section 117A. .

Patent Application 127

Patent Application Patent Intellectual Property Designs 127

SpicyIP

DECEMBER 26, 2023

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects.

Technology 59

Technology Licensing Designs Design 59

Patently-O

AUGUST 31, 2021

My understanding is that WPL designed its software so that its software would execute the same input-procedure used on SAS and produce an equivalent output. Patents should be the go-to in this area. I’ll note that EFF has also repeatedly argued against patentability of software. Landes & Richard A. 1821 (2013).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. Cambodia reaffirms its dedication to upholding the necessary regulations that mandate that its central government utilise only non-infringing software. Conclusion.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.

Trademark 45

Trademark Patent IP Designs 45

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 94

Invention Patent Patent Infringement Technology 94

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Branding Brands 98

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

Art 111

Art Invention Patent Application Publishing 111

The IPKat

JUNE 9, 2022

Background Only Fools and Horses (OFAH) is a successful BBC TV series that ran between 1981 and 1991, with also some Christmas specials until 2003. Let's see what happened. The main character is a market trader, Derek "Del Boy" Trotter. In 2019, a musical based on the OFAH characters also opened at the Theatre Royal Haymarket in London.

Copyright 145

Copyright Intellectual Property Law Copyright Infringement 145

IP and Legal Filings

SEPTEMBER 20, 2024

2] However, such privilege has not been granted to patent or trademark agents in the Indian regime, which can otherwise play a vital role in the emerging domain of the Intellectual Property regime. 4] This highlights that a patent agent does not need to be an advocate, and both are independent professions. Union of India. [7]

Law 52

Law Trademark IP Patent 52

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.

Law 52

Law Patent Settlement Inventor 52

Patently-O

JANUARY 23, 2023

Jordan is a second-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. 2021-2275 on January 20, 2023, in a dispute involving an alleged pattern of inappropriate conduct during patent prosecution. 8,191, (the “’091 patent”).

Patent Prosecution 75

Patent Prosecution Patent Business Patent Infringement 75

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. Cadbury UK Limited vs. The Comptroller General Of Patents Designs And Trademarks & Société Des Produits Nestlé S.A. 2003 (27) PTC 478 Del.

Trademark Law 105

Trademark Law Trademark Law Branding 105

Selvam & Selvam Blog

JULY 22, 2024

In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a “Blind-Stitch Sewing Machine and Method of Blind Stitching.” ” The patent application was filed on August 3, 2019, followed by a request for examination on February 21, 2022. Justice Pratibha M.

Trademark 52

Trademark Patent Patent Application Intellectual Property 52

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. Amendments. Conclusion.

Invention 52

Invention Patent Public Domain Inventor 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.

Invention 83

Invention Contracts Licensing Inventor 83

IIPRD

MAY 9, 2024

However, the population and their necessities as well as demands have increased manifold which has culminated into a need to regularize invention by bilateral or multilateral collaborations in order to drive innovation and help the masses in increasing their access to latest technological developments along with preventing monopolization of patents.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

SpicyIP

MAY 14, 2024

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. What are Working Examples? Paragraph 05.03.09

Invention 59

Invention Patent Application Patent Designs 59

Selvam & Selvam Blog

NOVEMBER 5, 2022

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

Patent Application 52

Patent Application Patent Inventor Intellectual Property 52

SpicyIP

AUGUST 14, 2023

Other Posts Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 Other Posts Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 Image from here Case: Akebia Therapeutics Inc v.

Trademark 98

Trademark Registration Art Reporting 98

U.S. Department of Commerce

MAY 27, 2021

He holds four patents based on unique laser technologies and has published 380 refereed research publications, more than 100 of them in the most prestigious international journals for physics, including Science, Nature, and Physical Review Letters. Alice Min Soo Chun is the CEO and Founder of Solight Design and SEEUS95 Inc.

Inventor 66

Inventor Invention Technology Business 66

The IPKat

JANUARY 30, 2024

Henrik Bull’s architecture design of Oslo’s National Theatre. This is because, although the UK copyright expired in 1987, the Copyright, Designs and Patents Act 1988 provides a special exception for the play. . • Songs by Hank Williams. Carl Theodor Dreyer’s silent film, The Passion of Joan of Arc.

Public Domain 80

Public Domain Copyright Publishing Designs 80

Patently-O

FEBRUARY 8, 2022

Although the court did not enter into any serious policy analysis or consideration of Supreme Court precedent promoting patent challenges such as Lear, Inc. asserting breach of contract and also that Sarepta’s patents are invalid. 2022) , the court says “YES THEY ARE” (at least when an alternate forum is provided).

Contracts 61

Contracts Intellectual Property Patent IP 61

IPilogue

SEPTEMBER 23, 2021

1)(b) presumes that the film’s “maker” is the copyright owner of the “work” unless the contrary is proved: see Interbox Promotion Corp v 9012-4314 Québec Inc 2003 FC 1254 at [24]-[6]; CBC v Conservative Party of Canada 2021 FC 425 at [32]; Bell Canada v L3D Distributing Inc 2021 FC 832 at [47]. The fact is that the words found in s.

Ownership 92

Ownership Copyright Intellectual Property Design 92

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. and foreign patent prosecution and counseling in the technology areas of bioinformatics, mobile communications, e-commerce, database, and data processing. He received his J.D.,

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59