LexBlog IP

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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IP Watchdog

NOVEMBER 14, 2023

This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications. The Office has seen a 20% growth in design patent applications over the last five years.

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The IPKat

JULY 4, 2021

Patents The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions.

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IIPRD

OCTOBER 17, 2022

There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Trademark Infringement. Patent Infringement. Metaverse is based on various patentable technical infrastructures, including AR, VR, cloud computing, etc.

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LexBlog IP

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

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IP and Legal Filings

DECEMBER 22, 2021

If the patent claims are translated in a wrong manner, then there are chances that the claims might get narrowed or even get broadened. In any of the cases, it can be costly for the applicant in the case, any third party sues the applicant concerning the patent application. Requirements in Multiple Jurisdictions.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. FDA Regulation. Pure Hemp Collective, Inc. ,

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Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Counterfeits are identical or virtually identical to the genuine article. Infringing goods might cause confusion , but do not necessarily bear an identical resemblance. How can you use IP to block counterfeits?

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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The Court followed that argument.

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IP Watchdog

JULY 29, 2022

This week in Other Barks & Bites: USPTO Director Vidal announces Federal Register notice on duty of disclosure requirements as Senate Judiciary advances a bill to create a USPTO-FDA interagency task force on drug patents; Senator Thom Tillis tells IAM that he will introduce patent eligibility legislation soon; the Federal Circuit affirms an attorneys’ (..)

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LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. Patent No.

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The IP Law Blog

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender.

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SpicyIP

AUGUST 2, 2021

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Topical Highlight.

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IP Watchdog

JUNE 17, 2022

Supreme Court receives petitions for writ of certiorari regarding the Takings Clause and state sovereign immunity issues in the Texas A&M “12th Man” copyright case and the Federal Circuit’s recent indefiniteness ruling invaliding patent claims supporting a $1.2

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Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Which part of the patent determines infringement?

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IP Intelligence

OCTOBER 12, 2021

Specifically, if an ordinary observer would find the accused product to be “substantially the same” as the claimed design, there is infringement. [4]. On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. AIA Trial Statistics FY 2020 Roundup, at 6, 11 (Oct. 1, 2019, to Sept.

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IP Watchdog

FEBRUARY 5, 2022

The following month, BlephEx, LLC filed a patent application, which issued as U.S. 10,449,087 (the ‘087 patent) on October 22, 2019. The ‘087 patent discloses “an instrument for removing debris from an eye during the treatment of an ocular disorder.” Myco Industries, Inc.

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The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

with honors from Emory University, where she was the articles editor of the Emory Law Journal. Chet Campbell focuses his practice on patent litigation at the U.S. with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013. Moore of the U.S. in biology.

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LexBlog IP

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender.

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IP Watchdog

JANUARY 21, 2022

The memo, titled “Unreliable Data Have Infected the Policy Debates Over Drug Patents,” specifically targets the Initiative for Medicines, Access & Knowledge (I-MAK), an advocacy organization that has become a “principal, go-to source” for data on the number of patents and patent applications covering pharmaceutical innovations.

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IP Intelligence

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. As described in a companion article, which can be found here , Plaintiff Stephen Thaler, Ph.D.,

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Fish & Richardson Trademark & Copyright Thoughts

JULY 14, 2022

In a new article in Managing IP , Fish attorneys John Pegram and Jan Zecher say the question will most likely be litigated after the UPC transitional period. Read the full article on Managing IP (subscription required). National court jurisdiction under Article 32 will include national patents not granted by.

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SpicyIP

JULY 5, 2021

In this post , we informed our readers about an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. the largest home-security business in the United States, has filed a patent infringement lawsuit in the U.S.,

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Intepat

NOVEMBER 13, 2023

While historically, the field of patent filing has been dominated by men, an inspiring shift is taking place. This article delves into the profound impacts and innovative contributions of women in patent filing, highlighting their achievements, challenges, and the broader implications for the global landscape of innovation.

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SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Relying on the decision in Dominos Ip Holder LLC & Anr.

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IIPRD

JUNE 24, 2024

This article sheds light on the foundational frameworks and pivotal agreements that govern the rights and responsibilities of creators, innovators, and consumers worldwide. TRIPS establishes baseline criteria for IP protection among members’ countries.

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Patent Trademark Blog

NOVEMBER 30, 2023

Before making that decision, keep in mind the 1-year grace period for filing US patents. Call US patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore creative ways to protect your IP. How do you avoid limiting your design patent to a single article of manufacture?

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Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily).

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Patently-O

JANUARY 16, 2022

Recent Headlines in the IP World: Blake Brittain: U.S. Chief Justice Roberts Pledges to Review Patent Venue Rules (Source: Reuters). Ryan Selby: PODA Granted US Patent for Closed Bottom Vaporizer Pod (Source: Cision). Nike Sues Lululemon for Patent Infringement Over Mirror Home Gym (Source: Global News).

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. PDF copy available.

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SpicyIP

JANUARY 23, 2023

After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Other Posts COVID-19 Vaccine Patent Infringement?

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Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. In certain cases, a product may require both utility and design patent protection.

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IP Watchdog

OCTOBER 21, 2022

This week in Other Barks & Bites: Congress members urge the Biden Administration to protect vaccine IP; the CAFC once again denies an inventor’s push to list an artificial intelligence (AI) machine as a sole inventor on a patent; Microsoft receives a favorable ruling in patent infringement battle; a U.S.

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