SpicyIP

JULY 18, 2024

The Madras High Court, vide judgement dated 3 July 2024 in University of Ulm v. Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office.

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The IPKat

NOVEMBER 4, 2024

Upcoming events and competitions: UCL IBIL course: Law Drafting and negotiating clinical trial agreements on Monday 4th and Tuesday 5th November. IESEG school of management, Design protection in the fashion field. Letter from different countries , 8 Nov 2024 UCL IBIL seminar: Patent Law – Fit for an (emotional) AI age?:

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The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

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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.

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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?

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Personality Rights Trademark Social Media Patent Law 82

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.

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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.

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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 ). 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.

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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.

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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.

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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?

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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.

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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.

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Intellectual Property Intellectual Property Law Editing Patent Law 60

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.

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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.

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

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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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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

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The IPKat

OCTOBER 16, 2024

EUTM No 18 560 591 Volvo’s quest for trade mark protection for this particular headlamp design did not stop there. Traditionally, components fall within the scope of protection of design law, if they are new and have an individual character; or patent law when they are novel, inventive and industrially applicable.

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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.

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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.

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Inventor Invention Patent Designs 52

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?

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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.

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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.,

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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".

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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.

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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.

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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.

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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.

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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.

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Patently-O

MAY 15, 2024

In the details below, I highlight the due dates for comments, which all fall in May, June and July 2024. Public comments are invited until June 3, 2024. The fee changes appear to be a tool for the USPTO to achieve its goals of streamlining the patent process, beyond what could be accomplished through rule changes alone.

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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.

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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.

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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.

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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.

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The IPKat

SEPTEMBER 2, 2024

Francesca Benatti explores how religious groups may protect their interests, for instance through morality clauses in trade mark and patent law. Details: Available in hardback and ebook Publication Date: 2024 Extent: 538 ISBN: 978 1 80392 725 1

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Patently-O

MARCH 17, 2024

Focusing the new policy on judge shopping in politically charged cases has triggered a predictable backlash, which may dash any hope for reform in areas such as patent law and bankruptcy law, where judge shopping has been a long-standing problem.

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