Patently-O

APRIL 20, 2024

The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?

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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.

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Intepat

FEBRUARY 13, 2021

? One of the most common reasons an invention is rejected from being protected is the existence of prior art, or that the said invention is not novel and has already been, in fact, for some time now. To conduct a comprehensive Prior Art Search , it is pertinent to check different databases.

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Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

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Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Preventative Measures for Safeguarding a Trade Secret.

Intellectual Property 119

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IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

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Intellectual Property Law Blog

MARCH 15, 2021

Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention. In one reexamination, the patentee sought to antedate prior art by claiming priority to a parent case. After further prosecution, a patent was granted. Conclusion.

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Patent Public Domain Patent Application Art 100

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. 3) State-of-the-Art Search.

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. What is to Come for AI Art?

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Patently-O

AUGUST 22, 2022

From their inception, the federal patent laws have embodied a careful balance between the need to promote innovation and the recognition that imitation and refinement through imitation are both necessary to invention itself and the very lifeblood of a competitive economy. ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964).

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SpicyIP

MARCH 27, 2023

Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. The respondent had rejected the application holding that the same does not meet the requirements of Section 2(1)(j) as the subject invention constitutes the elements of prior art(s) D2 with elements of D1 and D3.

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IIPRD

MARCH 5, 2025

Copyright Office (AI-Generated Art) In 2023, Dr. Stephen Thaler, the author of an AI system named “Creativity Machine,” applied for a copyright for an art piece produced by the AI. Copyright Office dismissed the claim, arguing that the existence of a human being behind the invention is a precondition for copyright.

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Copyright Intellectual Property Copyright Law Artwork 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. A lot of artists are now experimenting with digital art.

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Biswajit Sarkar Copyright Blog

NOVEMBER 21, 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. It is granted for any invention, which may relate to a product or a process. This is called the patentability of an invention. 2(1) (ac)].

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IP and Legal Filings

SEPTEMBER 20, 2023

While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resources on Yoga Asanas. So, it is extremely difficult to exactly determine when or by whom any Yoga Asana was invented. of India, L.P. first appeared on IPLF.

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The IPKat

JUNE 12, 2024

In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(1) Community Design Regulation (‘CDR’)) or where the appearance is necessary to connect two products ( Art. 8(3) CDR makes an exception from Art. 8(2) CDR ).

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IP and Legal Filings

JUNE 27, 2022

The urgence for the same was felt due to refusal of foreign exhibitors to attend the International Exhibition of Inventions in Vienna, Austria, 1873, fearing that their ideas would be stolen and will further be exploited commercially in other nations. Section 2(1)(ja) of IPA defines the term ‘inventive step’.

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SpicyIP

SEPTEMBER 5, 2022

Some argue that neither Moderna nor BioNTech-Pfizer nor Curevac and others who are litigating this tech own the technology – it belongs to the world and is in public domain ( here also). Others argue that some of Moderna’s patent claims are over-broad and may be weakened due to prior art. Thank you to Swaraj for his inputs!

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Patently-O

AUGUST 18, 2023

Dr. Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain. Copyright Office.

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Copyright Public Domain Copyright Law Ownership 76

The IPKat

MAY 29, 2023

The hypothetical case is an invention for a diagnostic device and method, all with the use of an artificial intelligence network to analyse data. The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. In the second part, Harrison gradually unfolds the case.

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Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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Intepat

MAY 4, 2023

When an inventor is granted exclusive rights over their inventions for a specific period of time, it provides a return on their investment in terms of time, resources and capital. The idea that a specific invention will allow the inventor to reap benefits has a direct effect on incentivising inventors to create and invent more.

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Patently-O

MAY 20, 2024

The doctrine of obviousness-type double patenting is a long-standing, judicially-created doctrine aimed at preventing inventors from improperly extending their patent monopoly by patenting obvious variations of the same invention in multiple patents. Normally the obviousness doctrine first requires identification of prior art.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Patently-O

FEBRUARY 5, 2024

The invention, to justify a patent, had to serve the ends of science—to push back the frontiers of chemistry, physics, and the like; to make a distinctive contribution to scientific knowledge. That is why through the years the opinions of the Court commonly have taken ‘inventive genius’ as the test.

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Law Public Domain Design Patent Invention 45

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Justin Hughes: discoveries just means inventions. Tension b/t invention and discovery. Visual art rejected at consistently higher rate; music almost never rejected. But how then would an Art.

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Copyright Moral Rights Artwork Art 59

Larson & Larson

JUNE 1, 2021

Novelty is about prior art: can your examiner point to a thing already in the public domain that is practically a kissing cousin of your thing? The 2011 America Invents Act changed the appeals process a lot. Basically, everyone in the industry could come to your conclusion by reading the relevant material.

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Patent Public Domain Inventor Invention 52

SpicyIP

APRIL 17, 2023

Furthermore, the court also observed that the plaintiff has alleged that the defendant has infringed the copyright in its drawing however, prima facie the defendants were able to establish that these drawings are a part of the public domain and thus no exclusivity lies over them. Not re-examining the re-fled application.

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IP Intelligence

APRIL 24, 2023

For example, Oracle’s chief technology officer, Larry Ellison, highlighted during the company’s third-quarter earnings call that, yes, indeed, there are other kinds of AI besides chatbots and art generators. Catalda Fine Arts , 191 F.2d AI being developed by Oracle is “reducing hospital readmissions at MD Anderson by 30 percent[.]”

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The IPKat

APRIL 2, 2024

The patent in question was held to be invalid due to two pieces of prior art. The judge emphasised that there is no invention in merely identifying a new chemical compound, and that the invention must lie in identifying the utility. The effect of this decision appears to widen the scope of patentable inventions in the AI space.

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SpicyIP

NOVEMBER 15, 2022

The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. Dr Vaishali Londhe of NMIMS SPPSPTM wins Patent for Breakthrough Invention. Image from here.

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SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Deadline for the Applications: 11:59pm IST, 23rd June, 2023.

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IP Intelligence

JULY 19, 2024

Thus, a practitioner should consider what level of effort is required to understand and potentially document the line between AI contribution and inventor contribution or use AI tools in a manner in which the creative scope is restricted to avoid the addition of potentially inventive features by AI tools.

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IIPRD

JUNE 6, 2022

The term “Traditional Knowledge” is defined as “Traditional knowledge relates to local and indigenous cultures’ awareness, inventions, and customs all over the world. In order to combat alleged abuses such as biopiracy, several communities have built traditional knowledge databases to document their traditional knowledge as prior art.

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Intellectual Property Invention Copyright Moral Rights 40

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

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