Patently-O

FEBRUARY 26, 2023

And when an invention is in use by a member of the public (rather than the inventor), it is blackletter law that the use can be “public use” even if it takes place entirely in secret, behind closed doors. In addition, it is also blackletter law that the use need not enable the invention to constitute prior art. forthcoming 2024).

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Public Use Inventor Invention Art 92

SpicyIP

MARCH 4, 2024

Case Summaries BMI Group Danmark Aps vs The Assistant Controller Of Patents on 22 February, 2024 (Delhi High Court) Image from here An appeal was filed against the impugned order rejecting the suit patent for lack of an inventive step. Hero Investcorp Private Limited & Anr.

Invention 59

Invention Trademark IP Patent 59

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 108

Invention Inventor Patent Law 108

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

Trademark 52

Trademark Patent Copyright Confidentiality 52

Patently-O

JANUARY 12, 2024

Later this month (January 2024), the Federal Circuit will likely decide whether to keep the stay for the duration of the appeal, or to reinstate the exclusion order. A confidential ex parte proceeding is apparently ongoing before Customs officials with Apple arguing that its modified product avoids the ITC exclusion order.

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Patent Confidentiality Design Designs 83

SpicyIP

MARCH 16, 2024

Image from here On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. Furthermore, under this agreement, parties cannot publish confidential information, including information on commercial value.

Publishing 64

Publishing Patent Confidentiality IP 64

SpicyIP

JUNE 29, 2024

Notably, in The Hindu, Jacob Koshy published back-to-back articles, with the first one appearing on June 22, 2024 (read here (paywalled)). Due to the confidentiality of the BBIL-ICMR agreement, which was not readily accessible, ICMR was unintentionally omitted. The application appears to have been submitted in August 2020.

Patent Application 64

Patent Application Inventor Patent Intellectual Property 64

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., This provision gives the Patent Controller the power to demand from the patent applicant copies of examination reports prepared by foreign patent offices examining corresponding patent applications for the same invention.

Patent 52

Patent Patent Application Government Reporting 52

SpicyIP

JUNE 29, 2024

Clearly, there is a pressing need to create a mechanism that ensures if a precedent is set, it doesn’t allow any patent holder to continually use the concept of extended passing off to safeguard their inventions through litigation. The next date of hearing is scheduled for July 26, 2024. [H/T H/T to Prashant Reddy T.

Litigation 59

Litigation Confidentiality Marketing Marketing 59

SpicyIP

DECEMBER 30, 2023

Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims. Controller of Patents and Designs and Raytheon Company v. In Microsoft v. In another judgement, Raytheon Company v.

IP 114

IP Copyright Trademark Intellectual Property 114

SpicyIP

MARCH 7, 2024

quote from here In a significant order on February 23, 2024, the Delhi High Court, in F- Hoffmann -La Roche Ag & Anr V. Other types of concurrent evidence that have been explored in the study are sequential ‘back to back’ evidence, hybrid versions of hot-tubbing and confidentiality clubs. He is not fair game. Nor is the truth.”

Patent Infringement 59

Patent Infringement Litigation IP Intellectual Property 59

Dragons' Den

FEBRUARY 9, 2024

After a quick search of our trade mark database, I discovered that the ORI Lifestyle company logo was registered on 19 th January 2024 - UK00004004326 Like Titilolami has done with Ori, you can register your trade mark to protect your brand, for example the name of your product or service.

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Blogging IP Designs Design 52

SpicyIP

NOVEMBER 13, 2023

3 Landscape on Patenting Biotechnology Inventions in India How does Section 3 of the Indian Patent Act interact with biotech inventions? And how far does the court’s interpretation of these provisions apply to such inventions? With lots of intriguing details, you don’t want to miss this post! Overview of the S.

IP 59

IP Trademark Copyright Registration 59

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. The Court directed the NBA to determine whether the invention relates to biological resource with a reasoned order.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 17, 2023

14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024. The rejection was based on the argument that the associated hardware lacked novelty and inventiveness.

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IP Trademark Advertising Advertising 59

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

Patently-O

APRIL 27, 2024

The new rule was announced on April 23, 2024 following a 3-2 vote by the FTC Commissioners (along party lines, with Democrats in the majority). It is set to take effect 120 days later (August 21, 2024). As I discuss below, two lawsuits have already been filed seeking to derail implementation. Chamber of Com. of the U.S. Ryan, LLC v.

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Patent Confidentiality Business Marketing 69