Biswajit Sarkar Copyright Blog

SEPTEMBER 8, 2023

Following the same mission, the Indian Patent Office has taken a drive to dispose off the patent applications in a quicker way, provided all the procedures are properly attended by the applicant. In the way, an application was filed on 13/07/2022 for obtaining the patent protection for an Indian Applicant.

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LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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Patent Law Law Intellectual Property Intellectual Property Law 52

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. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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IP Intellectual Property Social Media Cease and Desist 98

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. Read more on this!

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The IP Law Blog

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. 12/20/2023) 2023 U.S. Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas.

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IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. If such products were created by a human inventor, they could be eligible for patent protection.

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The IPKat

AUGUST 13, 2024

This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. This year, eleven OpenAI patents and patent applications have been published.

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SpicyIP

JANUARY 18, 2023

The Comparative Analysis section almost exclusively focuses on patent practices of developed countries. The monograph would have come across as more balanced had the authors looked at and examined the literature and arguments effectiveness and importance of oppositions in pharmaceutical applications. of patent applications)?

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The IPKat

MARCH 26, 2023

Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? by Daria Bohatchuk The patent law revision is currently underway in Switzerland. 59 (4) of the Patents Act, Botschaft , 11, 12). Full patent examination in Switzerland: quo vadis?

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SpicyIP

JANUARY 20, 2025

43275/2023) with respect to the treatment of SMA for a 24-year-old petitioner has been pending before the Kerala HC. Talking about local production for Risdiplam, several patent applications are pending by manufacturers like Natco, Harman Finochem Limited, and MSN Laboratories, awaiting examination or request for examination.

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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.

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Registration Intellectual Property IP Patent Drafting 103

Patently-O

OCTOBER 16, 2023

Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D. 6, 2023). Sonos Inc. Sonos Inc.

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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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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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SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country.

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

The IP Law Blog

MARCH 30, 2023

This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system. Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023.

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Patent Trademark Blog

JANUARY 12, 2023

How many patents have I obtained for clients? As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. They can still practice trademark or copyright law.

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SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. Article 3.2

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Patently-O

JULY 9, 2024

This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

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LexBlog IP

MAY 31, 2023

patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor. Patent Law requires all inventor(s) to be listed.

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The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. On November 6, 2023, the U.S. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 110

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

MARCH 7, 2023

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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LexBlog IP

DECEMBER 13, 2023

Eliezer Accelerating Innovation: Navigating the USPTO’s New Path for Semiconductor Patents The United States Patent and Trademark Office (USPTO) recently announced an important initiative that could significantly impact the semiconductor industry.

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The IPKat

MAY 19, 2024

These AI generated structures may be included in patent applications or simply published in depositories on the internet. This approach could be used as a strategy by patent trolls or those looking to block others from patenting new structures.

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The IPKat

JANUARY 2, 2024

Final thoughts It is hard to think of a more fundamental question for patent law other than that of how the words in a claim should be interpreted. It is therefore highly undesirable for there to be confusing and contradictory Boards of Appeal case law on this issue.

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Art Law Patent Patent Application 63

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. People.ai’s patents are some of the latest casualties.

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Patent Invention Business Technology 98

The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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The IP Law Blog

FEBRUARY 2, 2023

Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). 20, 2023), the Federal Circuit Court of Appeals clarified that a key Supreme Court case decided in 2007, KSR International Co. First, they must be novel (i.e.,

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The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Absent the advent of Artificial General Intelligence, patent inventorship thus remains within the human realm. In Scenario 1 , a patent application is prepared for the transaxle as outputted by the AI system.

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SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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Licensing Technology Litigation Patent 105

Selvam & Selvam Blog

NOVEMBER 21, 2024

and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. 119 of 2023 Court: Madras High Court Judge: Hon’ble Mr.

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The IPKat

MARCH 24, 2023

Thus, for inventive step, what matters is whether the purported technical effect "is encompassed by the teaching" of the application as filed. To the EBA, plausibility is nothing more than a " generic catchword " used by the Boards of Appeal, national courts and users of the European patent system (r.92).

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LexBlog IP

AUGUST 28, 2023

In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement. Patent Law (specifically 35 U.S.C. § § 112(a)).

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Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. As MPF claims were declining, patent applicants still felt the draw for functional limitations and began to use alternative claiming strategies.

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The IP Law Blog

JULY 20, 2023

13, 2023) (Karen E. Again, the Court rejected this argument, reasoning that because Buergofol’s counsel has twenty years of patent experience and because Buergofol is the original patent applicant, Buergofol’s counsel should be able to make such judgment calls. In Buergofol GmbH v. Omega Liner Company, Inc. ,

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