SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. Kartikeya is a second-year law student in the LL.B. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches.

Designs 59

Designs Design Law Intellectual Property 59

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 24].

Patent Law 72

Patent Law Law Patent Invention 72

SpicyIP

NOVEMBER 11, 2024

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Pneumo Care Health P Ltd vs Oxygun Health P Ltd 5 November, 2024 (Delhi Dsitrict Court) Image from here The plaintiffs, Pneumo Care Health Pvt. The Show Must Go On?

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

Inventor 130

Inventor Invention Patent Design 130

The IPKat

JULY 3, 2024

The person who has made such a contribution must be identified and designated as inventor. XXXVI Nordic NIR Meeting 2024 (1 - 3 September) The Finnish Association for Industrial Property Rights will host the 36th Nordic NIR Meeting in Helsinki from 1 to 3 September 2024. For further information and to register, click here.

Intellectual Property Law 69

Intellectual Property Law IP Invention Patent Law 69

The IPKat

DECEMBER 2, 2024

Book Review Kevin Bercimuelle-Chamot reviewed the book “ Design Law: Global Law and Practice ,” edited by Dana Beldiman. The book targets a broad audience interested in global design law and touches upon the major legal systems providing protection for designs.

Intellectual Property 64

Intellectual Property Intellectual Property Law Designs Design 64

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. 3] A diplomatic conference is now scheduled for late 2024 to finalize the treaty, but it remains to be seen whether WIPO members be able to reach a consensus. In the US, these are design patent rights.

Designs 40

Designs Design Law Registration 40

The IPKat

AUGUST 13, 2024

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. The patent system is a well-established, robust and effective way to protect innovation, and it makes sense for OpenAI to make full use of it.

Patent 127

Patent Editing Inventor Patent Application 127

Patently-O

MAY 19, 2024

1163 (2024). Although the article is not patent focused, Stern’s arguments have significant implications for patent law by undermining a key justification for limiting the scope and strength of patent protection. Stern, Intellectual Property and the Myth of Nonrivalry , 99 Notre Dame L. 2d 887 (Fed.

Patent Law 45

Patent Law Law Intellectual Property Patent 45

SpicyIP

DECEMBER 2, 2024

With 60.10% of cases from IPAB disposed till June, 2024, the IPD has done notable work since its formation. Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). Read more for the details.

Invention 52

Invention Trademark Reporting Editing 52

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). The amended Regulations came into effect on 20 January 2024. An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule.

Patent 52

Patent Invention Patent Law Designs 52

Patently-O

JUNE 24, 2024

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. June 21, 2024). Omni MedSci decision authored by Judge Alan D. Omni MedSci , No.

Designs 59

Designs Design Art Invention 59

The IPKat

APRIL 22, 2024

Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property IP Litigation 64

The IPKat

OCTOBER 19, 2023

The discussion will cover trademarks, patents and designs. Book launch: European Patent Law. The Unified Patent Court and the European Patent Convention. On Thursday 23 November , the Book Launch: European Patent Law. The event is free. To register and find more details, here.

Intellectual Property 64

Intellectual Property Intellectual Property Law Editing Patent Law 64

Patently-O

OCTOBER 6, 2024

by Dennis Crouch In a recent decision, the Federal Circuit addressed several key issues in intellectual property litigation, including the scope of "absolute litigation privilege" under Illinois law, trade dress functionality, and the consequences of discovery sanctions. To continue reading, become a Patently-O member. Toyo Tire Corp.

Litigation 52

Litigation Intellectual Property Patent Law Design 52

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 ".

Inventor 78

Inventor Invention Designs Design 78

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. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

Intellectual Property 69

Intellectual Property IP Copyright Law Invention 69

The IPKat

AUGUST 21, 2024

The patent at issue in T 1259/22 , although relatively old (expiring August 2024 with SPCs), nonetheless highlights some of the key challenges for cell therapy IP strategy. Stem cell replacement therapy for cancer patients The patent in T 1259/22 ( EP2371361 ) related to a cell therapy treatment for cancer patients using plerixafor.

Patent 111

Patent IP Invention Editing 111

The IPKat

JULY 23, 2024

Antonios Baris released the greatest hit of summer 2024: The EleonORe Song. Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell. Marcel Pemsel explored the recent case I-20 U 291/22 on the design for the housing of a car key.

Editing 59

Editing Designs Design Reporting 59

The IPKat

OCTOBER 31, 2024

However, the nascent field of AI-assisted drug design also highlights the need for IP strategy to be as forward-looking and innovative as the science it seeks to protect. As such, the patentability of a drug candidate must be a key component in drug design. Protecting the platform: To patent or trade secret?

IP 69

IP Patent Application Technology Inventor 69

The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

Invention 109

Invention Inventor Patent Patent Application 109

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Reviving, (and at least temporarily settling!) Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

Patently-O

APRIL 30, 2024

You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications). In his student note, Lucas Yordy focuses on some of the same issues – and argues that AI generated disclosures may decrease the patent incentive to research and disclose.

Art 111

Art Invention Patent Application Publishing 111

The IPKat

MAY 19, 2024

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. May the rise of AI therefore see a shift of US patent law towards a more European approach?

Patent 64

Patent Art Invention Patent Law 64

LexBlog IP

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

Inventor 52

Inventor Invention Patent Designs 52

The IPKat

AUGUST 4, 2024

Instead, according to the Guidance , a claim that "integrates a judicial exception into a practical application" should impose "a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize or pre-empt the judicial exception".

Invention 75

Invention Inventor Patent Journalism 75

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. This ruling aligned patent law with the Court’s prior decision in Petrella v. Tube-Mac Indus.,

Patent 59

Patent Inventor Patent Infringement Design 59

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed.

Intellectual Property 81

Intellectual Property Registration IP Copyright 81

The IPKat

AUGUST 7, 2024

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. The High Court decision had two notable aspects.

Invention 69

Invention Patent Patent Law Technology 69

SpicyIP

NOVEMBER 23, 2024

The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. course at NLSIU Bangalore.

Patent 64

Patent Patent Application Patent Law Patent Prosecution 64

Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

Patent 64

Patent Invention Design Designs 64

IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. 20-CV-06128-EJD, 2024 WL 1382465, at *13 (N.D. 31, 2024). One statute, 35 U.S.C. § Apple Inc. Vidal , No.

Litigation 52

Litigation Government Design Designs 52

Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. By Chris Holman Salix Pharms., Norwich Pharms.

Art 75

Art Patent Journalism Publishing 75

Velocity of Content

NOVEMBER 25, 2024

3 In the latter case, although peer-to-peer file sharing was also a dual use technology, its “promotion” as an infringement tool led the court to find Grokster secondarily liable under a doctrine of inducement borrowed at least in part from patent law. 1858); Copyright, Designs and Patents Act 1988, c. 48 § 21 (UK).

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Intepat

OCTOBER 17, 2023

During 2023, India assumed the G20- Presidency and in 2024, Brazil will assume the Presidency. This infrastructure is designed to bolster resilience, facilitate service delivery, and drive innovation.

IP 52

IP Intellectual Property Blogging Privacy 52

Patently-O

APRIL 10, 2024

The notice is designed as a reminder to individuals involved in proceedings before the USPTO of that these pertinent rules and policies, and provides suggestions to mitigate the risks associated with AI use. ” We might talk through one simple example here.

Patent 45

Patent Art Patent Application Confidentiality 45

The IPKat

NOVEMBER 27, 2024

Recently, there has been a surge of notable developments in the domain of design law, including the publication of Regulation (EU) 2024/2822 and Directive (EU) 2024/2823 [ IPKat on this point here ] and the adoption of a Design Treaty in Riyadh. 12), the draft design law treaty's forbidden words” (ch.

Designs 69

Designs Design Law Art 69