IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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Patently-O

MAY 15, 2024

Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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Patently-O

DECEMBER 5, 2021

These already exist, but Crunch has designed a new model that includes a handle (for stability) and also a touchscreen control that can be used to stream audio/video instructions. Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1.

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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. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

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Patently-O

JANUARY 20, 2023

This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. And shouldn’t science fiction serve as prior art against other peoples’ patents?

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Patently-O

APRIL 16, 2024

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. A recent Federal Circuit decision, Salix Pharms.,

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? A “physical product” is still needed to file an application. Article 2.4

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LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4

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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. AI and the question of what is "the prior art"? The full call for views can be viewed here.

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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LexBlog IP

DECEMBER 26, 2023

You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Not yet, anyway.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Product patent- This law is important for providing safeguards to products.

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LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor.

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The IPKat

AUGUST 11, 2023

In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. The process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Sceptical Kat Has DABUS invented?

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LexBlog IP

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. .” 2 in the Guidance. Principle No. Principle No.

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Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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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. Regardless of where prior art is found, submitting an IDS without reviewing the contents may be a violation of 37 CFR 11.18(b).

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TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

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IPilogue

SEPTEMBER 28, 2021

But such a non-human inventor can neither be an applicant for a patent nor a grantee of a patent.” United Kingdom: Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat). In September 2020, a UK judge dismissed Thaler’s appeal to the decision rejecting his applications.

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IP Intelligence

MARCH 31, 2022

The new combined petition option (and the original petition option) offers an easy path to expedite initial examination of a patent application under “special” status without incurring government fees or fulfilling other requirements under 37 CFR § 1.102. The Expanded CSP program is currently active through Oct.

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Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. 3d 665 (Fed.

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The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law.

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SpicyIP

FEBRUARY 10, 2024

The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. The Controller of Patents and Designs in July which had rejected a patent application for being primarily a claim to business method. 3(k) of Patent Act with Art.

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LexBlog IP

DECEMBER 6, 2021

Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”). Software technology is patentable under International and US Patent law.

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The IP Law Blog

AUGUST 11, 2022

With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. But questions still remain. For example, how will the U.S.

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SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. By November 2019, EL was satisfied with the design. After talking again with Jane, EL decided to patent the device. The sleeve also protects the rubber from UV damage.

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Patent Law Law Patent Patent Application 76

Intepat

OCTOBER 13, 2023

Inventions, as defined under Section 2 if the Act denote “…a new product or process involving an inventive step and capable of industrial application… ”where “inventive step” is marked by any feature which is a technical advancement from the existing knowledge in the domain, where this advancement is non-obvious to a person skilled in the art.

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SpicyIP

MARCH 11, 2024

Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment. The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act.

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IP and Legal Filings

SEPTEMBER 13, 2022

Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search. Hence, the software has to be a new invention to be patentable.

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The IPKat

JANUARY 16, 2022

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. The panel will focus on raised questions such as: could video games be defined as a piece of art, with all its meanings in terms of copyright?

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LexBlog IP

AUGUST 11, 2022

With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. But questions still remain. For example, how will the U.S.

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LexBlog IP

APRIL 10, 2023

Given the complexities involved in obtaining a patent, hiring a remote patent attorney can offer significant advantages. This resource can help you find a qualified patent practitioner, regardless of their location in the United States.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013. While there, he was a member of the IP and Technology Law Society, Military Law Society, and National Black Law Students Association. Joel received his J.D.,

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IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] 6] Supra note 4, art. 4 (1986): 423–40. [6] 8, 9, 11, 12 and 14.

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