Art, Designs and Public Use - Intellectual Property Pulse

Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

JANUARY 31, 2023

The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation. Critically, to satisfy the prior use test, it is not necessary to show that a disclosure has in fact taken place.

Confidentiality

Confidentiality Public Use Patent Application Invention

[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey

The IPKat

JANUARY 20, 2025

Specifically, the decision tackles the: 1) protection of a non-conventional trade mark such as an (unregistered) colour combination mark; 2) protection of a specific font as either a copyright work or as an unregistered design; 3) cumulation of multiple IP rights on a single product. b) of the Italian Industrial Property Code (IPC).

Non-Fungible Tokens

Non-Fungible Tokens Design Designs Public Use

Prior Art: The Patent Pitfall

Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents. Exceptions.

Art

Art Patent Invention Patent Application

Printed Publication: Documents Made Available only to Customers

Patently-O

AUGUST 13, 2021

The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 102(a)(1).

Confidentiality

Confidentiality Advertising Advertising Invention

Patent Law Canons and Canards: Bonito Boats

Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , Kenyon Bearing & Auto Parts Co., 2d 516 (2nd Cir. Bonito Boats.

Patent Law

Patent Law Law Patent Invention

Lawfare in the orphan drug space

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint.

Design

Design Designs Patent Prosecution Art

Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

JULY 19, 2022

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content. Document your own work.

Copyright Infringement

Copyright Infringement Copyright Public Domain Copying

Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

JULY 5, 2022

Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property

Intellectual Property Design Patent Designs Design

Understanding The Patent Specification Of An Invention

Intepat

JANUARY 17, 2023

It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. The title, description, drawings, abstract and claims filed with regard to International Applications designating India would be taken as the complete specification. Description and Disclosure.

Invention

Invention Patent Public Domain Inventor

WIPIP 2022, Session 6 (TM)

43(B)log

FEBRUARY 19, 2022

If a church adopted a distinctive name for G-d, then general trademark law would, in theory, allow it to prohibit other churches from using that name. Mark Lemley & Sari Mazzurco, The Exclusive Right to Customize Aftermarket customization, sometimes shoes into art and sculpture, sometimes shoes into more decorated shoes.

Trademark Law

Trademark Law Trademark Art Brands

Fleshing out the copyright in a tattoo

IP Whiteboard

AUGUST 30, 2020

The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association ( Jilamara ) and was born in the Milkapti Community in the Tiwi Islands. communicate the work to the public. an exception permitting the use does not apply. 1] [link]. [2] 2] [link]. [3]

Moral Rights

Moral Rights Copyright Artistic Work Artwork

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

Settlement

Settlement Litigation Marketing Marketing

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

LexBlog IP

JANUARY 10, 2024

” US Const., It is strange because that would mean that the unpublished portions would also be government works available for public use. And interviews involving Donald Trump have long been likened to performance art, even in periods before his presidency. II, Section 3. ’” Dkt.

Ownership

Ownership Copyright Government Intellectual Property

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