SpicyIP

FEBRUARY 12, 2024

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. The Controller of Patents , we are pleased to bring to you this post by Vishno Sudheendra.

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Business Patent Patent Application Blogging 110

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

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patent Patent Application Government Reporting 52

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.

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Reporting Patent Law Patent Application Patent 136

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.

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Government Trademark Patent Patent Application 105

Intepat

JUNE 18, 2024

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination. But the catch is here.

Patent Application 52

Patent Application Government Publishing Patent 52

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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IP Patent Invention Licensing 105

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

However, not all inventions are patentable subject matter. Section 3 of the Patents Act, 1970 give those subject matter which are not patentable. Thus, the inventor must be aware of these subject matters that are not patentable while conceiving the invention. Patent Search & Drafting.

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Registration Patent Invention Inventor 52

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. .

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Patent Application Patent Intellectual Property Designs 127

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.

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Art Invention Patent Application Publishing 109

Patently-O

FEBRUARY 10, 2022

Design Patent No. The appeal focuses on whether the design patent should be found invalid based upon Junker’s pre-filing sales. January 1999 : Eddings made a prototype of the product and provided it to Junker, the prototype included all the features found in the design patent. by Dennis Crouch. Larry Junker v. million.

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Business Patent Invention Design Patent 76

IP and Legal Filings

DECEMBER 22, 2021

Different countries have their own set of requirements for translations, and therefore if the translation is not done professionally, it could lead to misinterpretation of the scope of the claims, which may end up ruining the purpose of filing patents. With the Patent Translation, it’s more than just a Google Translation. Good or Bad?

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Patent Contracts Patent Application Invention 81

LexBlog IP

SEPTEMBER 20, 2023

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. USD 1000) for each such application. The amendments are currently open for comments from the public.

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Publishing Patent Invention Patent Application 52

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug. Anyhow, we’ll come back to this in a bit.

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Patent Reporting Government Ownership 69

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

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Invention Patent Application Patent Designs 59

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Notably, several pesticides manufactured by European companies are going off patent in recent times. Brief Findings of the Study. Impact of Non-Working.

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Patent Licensing Invention Government 126

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.

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Litigation Patent Patent Application Technology 52

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 69

Patently-O

AUGUST 29, 2022

In Patent Law class today, we started the chapter on “disclosure” that focuses on doctrines of enablement, written description, and best mode as codified in 35 U.S.C. CFMT’s two asserted patents claimed improved apparatus/method for cleaning semiconductor wafers using a specific closed-environment setup. CFMT, Inc.

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Inventor Invention Patent Application Art 82

Patently-O

MAY 23, 2024

Patent Application No. Under the pre-AIA first-to-invent patent system, if two parties claimed the same invention in separate patent applications or patents, the USPTO could declare an interference proceeding to determine which party was the first to invent and thus entitled to the patent.

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Invention Patent Application Patent Publishing 44

IP Tech Blog

JUNE 30, 2021

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. The Manual of Patent Examining Procedure (MPEP) 608.01(p) The Manual of Patent Examining Procedure (MPEP) 608.01(p)

Invention 52

Invention Inventor Patent Application Art 52

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

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Patent Art Patent Prosecution Litigation 105

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. Similar issues also came up in the patent information disclosure statement cases a decade ago.

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Plagiarism Fair Use Copying Copyright Infringement 122

SpicyIP

MARCH 29, 2024

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. Controller of Patents. First, the treatment of claims during the national phase entry of a PCT application into India. Shivam is an advocate practicing in New Delhi. Let’s dive in.

Invention 52

Invention Patent Application Copying Patent 52

More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. In short, a substance’s Schedule I classification is irrelevant to its patentability.

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Patent Invention Patent Infringement Blogging 52

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

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Patent Troll Marketing Marketing Patent 84

Intepat

MARCH 16, 2021

? Under the WIPO-INDIA Cooperation agreement, Indian Patent Office (IPO) started the WIPO Digital Access Services (DAS) with effect from 31st January, 2018 for priority documents submitted by the applicants from participating Patent offices. 49 in the First Schedule of the Patent Rules, 2003.

Copying 52

Copying Intellectual Property Patent Application IP 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 82

SpicyIP

NOVEMBER 1, 2022

Image with text reading “Keep Calm and Expect Delays” Last week, the Delhi High Court pronounced a decision rebuking a patent applicant for causing unnecessary delays in the patent application process by seeking repeated adjournments and not filing written submissions on time. In the case of FMC Corporation v.

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Patent Application Patent Technology Invention 111

Patently-O

APRIL 10, 2022

1, 2022), shows us subtle dividing lines between applicant statements (1) that create a disclaimer compared with those (2) that are merely helpful for interpretation. The decision offers solace to careful patent prosecutors that the courts should not unduly extrapolate upon arguments distinguishing the prior art. ” Phillips v.

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Invention Art Litigation Patent 80

Intepat

APRIL 5, 2022

An application for a patent is said to have been abandoned if it is no longer pending, which means that the application has hit a point where it can no longer be matured into a successfully registered patent. If the applicant fails to file a reply to the objections, the application is deemed to be abandoned.

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Patent Application Patent Intellectual Property Registration 52

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. In 2018, SolarPuff won the USPTO’s Patents for Humanity Award. Patents for Humanity.

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Inventor Invention Technology Business 98

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Patent Infringement.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

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.]

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Patent Invention Patent Application Public Domain 105

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 provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Provisional Specification. Amendments.

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Invention Patent Public Domain Inventor 52

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 131

Kashishipr

NOVEMBER 3, 2021

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. In 2003, the photocopier firm Xerox came up with an advertisement that read, “When you use ‘Xerox’ the way you use ‘aspirin,’ we get a headache.”

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Trademark Branding Brands Branding 105