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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources

The IPKat

The proposed Design Law Treaty (DLT) The Treaty aims to streamline the international system for protecting designs, making it easier, faster, and cheaper by accelerating the procedures and eliminating red tape. This is referred to as a proposed new ‘patent disclosure requirement’.

Design 117
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Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Patently-O

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128
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Patent Continuation Strategies Face Major Threat

Patently-O

The decision casts doubt on the viability of pending continuation applications over a long period, even absent any evident applicant delay — especially in situations where new claims are drafted in response to emerging technologies or market demands. The result was the potential of greatly increasing the effective patent term.

Patent 126
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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. India-EFTA and Patent rules : How it hurts Section 8. Article 13.2

Patent 72
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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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Reissue, Recapture, and Skirting Eligibility

Patently-O

Matthews, §4 Annotated Patent Digest § 25:76 (“Surrender arises from a patentee’s canceling or amending a claim to avoid a prior art rejection and relying on the amended matter as avoiding the prior art.”). Schor, The Reissue Recapture Doctrine: Its Place Among the Patent Laws , 22 Cardozo Arts & Ent.

Art 78
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The Draft Patent (Amendment) Rules, 2023

Intepat

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