Remove 2007 Remove Designs Remove Invention Remove Marketing
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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. The patent office issued a first examination report in June 2019, (7 years later!)

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Making a Proper Determination of Obviousness

Patently-O

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. 398 (2007). Teleflex Inc. , 2500 words). Read the Guidance Here.

Art 120
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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

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Obviousness: Is a Reasonable Expectation of Success Sufficient

Patently-O

Teva and Apotex, filed Abbreviated New Drug Applications (ANDAs) with the FDA seeking to market generic versions of the $100m+ drug. Rather, in their petition to the Supreme Court, the patentee argues that the resulting invention must have been “predictable” or an “plainly indicated by the prior art.”

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Within The Scope of This Concise Analysis, the Case of Bajaj Auto Ltd. v. T.V.S. Motor Company Ltd. Is Investigated

IP and Legal Filings

In year 2007 the plaintiffs (Bajaj Auto Ltd.) Utilizing the invention or technology outlined in the patents owned by the plaintiffs; and 2.The However, in 2007, the Respondent made the decision to submit a revocation petition to the IPAB for the first time. and the state of Maharashtra filed a lawsuit in the Madras High Court.

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Today’s Obviousness Key: Motivation to Combine

Patently-O

The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner. Assembly Guidance Systems, Inc. In KSR Int’l Co.

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Domestic Industry and Hindsight Bias

Patently-O

In particular, Broadcom was unable to show any licensed domestic use of the invention as claimed. ITC powers over infringing imports] apply only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established.