Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Realtime Data v. Fortinet, No.

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JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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SpicyIP

MARCH 7, 2023

Sukarm is an undergraduate law student at NLSIU, Bangalore. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. Microsoft v.

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Patently-O

FEBRUARY 20, 2023

These were clearly watershed cases that dramatically changed the landscape of patent law and patent litigation. 2023) , highlights the current state of the law. But, those motions are designed to be based simply on the pleadings. The recent decision in Hawk Tech Sys. Castle Retail , — F.4th

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The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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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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Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. The case itself involves design patents covering GM parts, such as front fenders. Teleflex Inc.,

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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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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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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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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? We look forward to reading and reviewing more IP books in 2023! Thank you to readers who voted for the IPKat book of the year awards 2022!

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Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. 21-16978 (Supreme Court 2023). 21-16978 (Supreme Court 2023). This is particularly important in the product design arena because evidence of secondary meaning must be proven before it is protectable as trade dress.

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Patently-O

JULY 6, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School LKQ Corp. 2023) ( docket ). As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. Design patents cover different things (ornamental designs as opposed to useful inventions).

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SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co.,

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The IPKat

MARCH 29, 2023

This case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. Benjamin Goh discussed the decision in T-346/21 issued by the General Court on 11 January 2023.

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SpicyIP

FEBRUARY 17, 2025

On September 25, 2023, Judge Bibas rendered his initial opinion on summary judgment motions concerning direct infringement and fair use. Relies too heavily on similar functionality of headnotes to improve search tools, ignoring that such functional aspects fall outside copyright’s scope and within patent law’s domain; 2.

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SpicyIP

JANUARY 16, 2023

10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]. We informed our readers of the 10th Mahamana Malaviya National Moot Court Competition concerning a moot problem on patents law and incremental innovations. Case Summaries.

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Patently-O

JUNE 24, 2024

by Dennis Crouch The Federal Circuit’s 2023 decision in Axonics, Inc. Albright sitting by designation. = = = In his first appellate opinion, Judge Alan D. Albright of the Western District of Texas (sitting by designation at the Federal Circuit) authored the appellate court’s recent unanimous decision in Apple v.

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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).

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IPilogue

SEPTEMBER 15, 2022

We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition. Regional virtual tryouts will be held on March 4, 2023, followed by the National Finals Competition on April 14, 2023. .

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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. Leaving aside the peculiarities of UK patent law, however, the present decision is interesting for another reason.

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Patently-O

AUGUST 23, 2023

1:19-cv-02181-CFC, 2023 WL 2498810 (D. 14, 2023) (U.S. Patent Nos. The doctrine originated in Supreme Court precedent such as Graver Tank and was designed to prevent unwarranted extension of patent scope over later-developed technologies functioning in new ways. Steuben Foods, Inc. Shibuya Hoppmann Corp. ,

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Patently-O

FEBRUARY 13, 2024

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. C 20-06754 WHA, 2023 WL 6542320 (N.D. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

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The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Trade Marks Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023.

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The IPKat

AUGUST 13, 2024

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. Further reading Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) (July 2022) Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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The IPKat

JULY 30, 2024

As such, a natural person " who designs, builds, or trains an AI system in view of a specific problem to elicit a particular solution could be an inventor, where the designing, building, or training of the AI system is a significant contribution to the invention created with the AI system ".

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

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LexBlog IP

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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The IP Law Blog

DECEMBER 21, 2023

Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel.

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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The IPKat

OCTOBER 9, 2023

000018762 covering ‘land, air and water vehicles and parts thereof (not included in other classes), including engines for vehicles’ in class 12 protecting the following sign: The defendant is a natural person, who sold between 1986 and 2017 radiator grilles customised and designed for old Audi models from the 1980s and 1990s.

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The IPKat

JULY 23, 2024

Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell. The latest volume provides a comprehensive look at the significant updates in UK patent law since the last edition in 2020.

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The IPKat

OCTOBER 19, 2023

The Herchel Smith Intellectual Property Lecture 2023 The Lecture will take place on Monday 23 October at Ashworth Centre, The Honourable Society of Lincoln’s Inn. The discussion will cover trademarks, patents and designs. Book launch: European Patent Law. The Unified Patent Court and the European Patent Convention.

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The IPKat

MAY 19, 2024

Under existing patent law, the patentability of such an invention would require the patent claim to be purpose limited. Importantly, however, the problem presented by AI-generated prior art for patent law is not qualitatively new.

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