Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees.

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The IPKat

AUGUST 13, 2024

The most obvious reason would be that OpenAI intends to enforce its patents and/or to use them as negotiating chips in licensing negotiations. 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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Intellectual Property Law Blog

NOVEMBER 1, 2023

We will have to continue to wait on the other issues until later in 2024. Unfortunately, the EO does not provide answers to these questions. However, it does recognize that IP issues exist and mandates actions by various agencies to address these issues. We look forward to seeing the USPTO guidance to examiners early next year.

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Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” MasterCard Intl.

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The IPKat

MAY 20, 2024

The next day, LES is holding the full-day LES100 Training Course, “Commercialising IP through the Power of Licensing”, which is the introductory course in the Licensing Executives Society’s Intellectual Asset Management Series and it is designed for those who are relatively new to licensing. To sign up, click here.

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SpicyIP

JULY 8, 2024

10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! Another reminder for our eligible readers as only 10 days remain for the deadline of the 2024 Shamnad Basheer Essay Competition! It argued that the D1 and D3 teaches away from the invention and D5 was not relevant for the present case.

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Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. by Dennis Crouch The Federal Circuit’s new decision in Intellectual Tech LLC v.

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SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness.

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IP Watchdog

JULY 18, 2024

On May 22, 2024, the National Institutes of Health Office of Science Policy issued a Request for Information on its Draft NIH Intramural Research Program Policy: Promoting Equity Through Access Planning (“NIH RFI”).

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LexBlog IP

SEPTEMBER 27, 2022

Although in theory the ruling should provide more clarity on the increasingly important question of the patentability of computer-implemented inventions ( CIIs ), the opposing views taken by the two camps of justices may instead create an environment for greater disputation. ’ [16] Is the claimed invention a manner of manufacture? .’

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LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A trial was scheduled to begin on January 29, 2024. last year is ongoing.

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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.

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Patently-O

MAY 26, 2024

The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, finalized on May 24, 2024, marks the first WIPO treaty in over a decade and the first to specifically address the rights of Indigenous Peoples and local communities.

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LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. The Regulations further allow a design application to claim priority from a previously filed PRC invention patent or utility model application, thus protecting the aesthetic aspects of a product disclosed in the figures of the invention patent or utility model specification.

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Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. Lacerta Group, LLC , No.

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Copyright: WIPO.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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SpicyIP

JANUARY 1, 2024

Other Posts Microsoft Technology Licensing LLC V. Controller of Patents declared that the subject invention had technical effects. The court directed a response from the registry by January 4, 2024, and instructed to include technical details and other concerns about the action in the response.

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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)). With July 2024 fast approaching, they are nearing the end of this period, and it appears from online documentation that they have not yet filed a request for examination.

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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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IPilogue

APRIL 22, 2022

The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. The doctrine of specific exclusion states that a product cannot be deemed equivalent to a patented invention if it is literally the opposite of the patented invention.

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Patently-O

JANUARY 28, 2024

That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. There was successful litigation and licensing. If so, then at step two the court searches for an “inventive concept” beyond the ineligible concept. There was industry recognition applauding the “innovation.”

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Patently-O

JUNE 24, 2024

June 21, 2024). ” I have not been able to discern what that really means vis-a-vis the invention. ” And further arguing that the proposed prior art did not teach the invention under this construction. Omni MedSci , No. 23-1034 (Fed. But that argument did not carry the day.

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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. Did you enjoy this episode?

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LexBlog IP

NOVEMBER 1, 2023

We will have to continue to wait on the other issues until later in 2024. Unfortunately, the EO does not provide answers to these questions. However, it does recognize that IP issues exist and mandates actions by various agencies to address these issues. We look forward to seeing the USPTO guidance to examiners early next year.

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The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. The Munich Local Division was satisfied that the patent was novel, sufficiently disclosed and inventive. The UPC CoA also ordered 10x Genomics to pay €7 million of costs.

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The IPKat

DECEMBER 11, 2023

Léon provides a brief summary of the book’s main argument below and announces a launch event on 12 January 2024 that promises to be interesting. A second, liberal view holds that patent courts should make injunctions subject to a balance of interests, to be conducted in light of all circumstances of the case. here , at 792].

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Patently-O

MAY 21, 2024

May 21, 2024) (en banc). In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. GM Global Tech. Operations LLC , No.

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IIPRD

JUNE 9, 2024

The Judicial POV There have been various representative cases that are widely known for utilizing third-party content about copyright without genuine permission or license. There are special opportunities for inventiveness and interaction within the intellectual property realm in this metaverse, despite the many problems it faces.

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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.

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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.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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The IPKat

APRIL 14, 2024

Contreras discusses how patent pools and non-exclusive licensing can give rise to financial rewards whilst also supporting the SDGs, using the examples of Golden Rice (genetically modified rice with high vitamin A content) and genomic research tools.

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Patently-O

AUGUST 3, 2023

Pfizer also asserts defenses based on implied license, waiver, and acquiescence stemming from Moderna’s public pledge not to enforce its COVID-19 patents during the pandemic. Note that the court broadly defined betacoronavirus to include later-invented forms. See Phillips v. 3d 1303 (Fed. 2005) (en banc).

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Patently-O

FEBRUARY 9, 2024

by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent under the Bayh-Dole Act. February 9, 2024). On appeal, USF argued the statute requires the funding agreement predate the inventive work. University of South Florida Board of Trustees v.

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SpicyIP

MAY 6, 2024

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. 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. Controller of Patents. Anything we are missing out on?

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SpicyIP

JULY 22, 2024

Mini Pushkarna on 4 July 2024 passed an order in Phillip Morris Products SA v. The rejection had been based on the invention being “contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” under Section 3(b) of the Indian Patent Act, 1970. Mitra And Co.

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