The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 98

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

The IPKat

MARCH 4, 2025

Legal Background: Open-ended ranges According to Article 83 EPC , European patents should "disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art." This test is applied to all types of invention, including those in the mechanical field ( IPKat ).

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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IP Copyright Trademark Intellectual Property 124

Intellectual Property Law Blog

OCTOBER 24, 2023

While PTE is designed to effectively extend the overall patent term for a single invention due to regulatory delays in product approval, PTA is designed to extend the term of a particular patent due to delays in the processing of that patent.

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Designs Design Patent Inventor 147

Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

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Inventor Designs Design Invention 130

SpicyIP

MARCH 24, 2025

However, when the appellant was not able to file the required information on time, the Controller rejected the patent application on July 25, 2023. The appellant also argued that the impugned order was devoid of any substantive analysis on the merits of the invention, merely refusing the patent on delay. In Blackberry Limited v.

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Patent Patent Application Invention Designs 59

Patently-O

FEBRUARY 20, 2023

Ask whether the claimed invention is directed toward a categorical exclusion. If yes, ask whether the claimed invention includes something more, such as an inventive concept that transforms the abstract idea into a patent eligible invention. 2023) , highlights the current state of the law. Prometheus , 566 U.S.

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Invention Technology Law Patent 90

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Microsoft v.

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Designs Design Patent Invention 117

SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed Patent Application No. The rationale is given in paragraph 18, where the court observes: Therefore, the claimed invention does not satisfy the requirements of Section 2(1)(ja) of the Patents Act.

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Invention Patent Application Patent Intellectual Property 52

The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. How then are AI-generated inventions to be protected? The USPTO's guiding principles for AI-assisted inventions The Federal Circuit in Thaler v. Vidal ( 43 F.4th 4th 1207, 1213 (Fed.

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Inventor Invention Designs Design 78

The IPKat

MARCH 13, 2025

The UPC approach to claim construction The UPC Court of Appeal applied Article 69 EPC in conjunction with the Protocol on Interpretation of Article 69 EPC when considering claim construction, referencing its own previous decision in UPC_CoA_335/2023 ( NanoString v 10x Genomics ). 69 EPC " ( IPKat ).

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Technology Invention Art Patent 59

The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

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Invention Art Patent Law 75

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 126

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

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Invention Trademark Reporting Editing 52

The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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Designs Design Patent Patent Infringement 98

JD Supra Law

DECEMBER 5, 2023

March 10, 2023) In a PTAB decision that was recently designated precedential, the Board made two important decisions concerning provisional patent applications. Critically, the Board held that the America Invents Act (AIA) brought forth a change in how provisional patent applications are considered in the prior art analysis.

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Patent Application Invention Art Designs 62

SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.

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Designs Design Invention Registration 105

The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

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Copyright IP Social Media Copyright Infringement 92

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. Lisa did not otherwise significantly contribute to the conception of the invention. By November 2019, EL was satisfied with the design. EL notified the patent office of his prototype activities and that he told his daughter about the invention.

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Patent Law Law Patent Patent Application 78

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. Or are they adversarial in nature? & Ors.,

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Design Designs Cease and Desist Art 105

SpicyIP

JULY 31, 2023

The last date to apply is August 05, 2023. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant. The suit design was a “Handi” shaped pressure cooker registered in favor of the plaintiff.

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Design Designs Invention Intellectual Property 98

The IPKat

APRIL 2, 2024

Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado. Over to Ada : "Before the starters, the chefs served hors d'oeuvres consisting of some outcomes from 2023.

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Reporting Patent Invention Litigation 64

Patently-O

FEBRUARY 3, 2023

by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Music 128

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? The case under scrutiny is LKQ Corp.

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Design Patent Designs Design Patent 64

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S. Both the U.S.

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LexBlog IP

OCTOBER 18, 2023

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. Design patent filings in the U.S.

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Design Patent Designs Design Patent 52

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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Designs Design Music IP 116

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Invention Patent Law Patent Law 69

The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? This is the question that has percolated through the London patent ranks following the recent Court of Appeal decision in Comptroller - General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825.

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Invention Patent Patent Law Technology 69

IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

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Intellectual Property Technology Licensing Invention 105

IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. The article was rejected for copyright protection in 2023, and the argument was that the absence of human authorship disqualified the work from the right. Copyright Office, 2023. Copyright Office.

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Copyright Intellectual Property Copyright Law Artwork 52

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

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Invention Inventor Patent Ownership 64

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 52

Patently-O

JULY 6, 2023

2023) ( docket ). As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.”

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Design Patent Designs Design Patent 53

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Emami Ltd.

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