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If you are thinking of patenting software, it is critical to have your utility nonprovisional patentapplication drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patentapplication.
Copyright Office tells a district court it acted reasonably in denying Stephen Thaler’s AI-created artwork; and the U.S. Chamber of Commerce releases a study on the impact of mergers on innovation and patentapplications.
Just because a product has functional features does not mean it is automatically ineligible for design patent registration. The key is understanding what a design patent protects. While functional features may exist, you can still file a design patentapplication to focus on the ornamental features.
Can you include a logo in your design patentapplication? Let me share a strategy if you’re thinking about filing a design patentapplication for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patentapplication for a product.
NFTs may be represented in the form of memes, artworks, or videos. Moreover, in 2012, the USPTO received several patentapplications that contained the terms “cryptocurrency” and “blockchain”. Several reports have suggested that there exist over 500 blockchain patents worldwide.
Are the visual similarities between the accused product and the patented design primarily captured by what is shown in solid lines in the design patent? By asking questions as to what competitors might change, a design patentapplicant may consider showing certain components in broken lines in the design patent figures.
But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patentapplications where the person applying for a patent has recognized AI as the inventor. AI is similar to previous computer-assisted inventions in several aspects.
Deepak Kumar on 6 September, 2023 (Delhi High Court) The Delhi High Court allowed a petition seeking cancellation of the defendant’s copyright registration on the artwork for its product “Gulcharre Sevaiyan”. The court thus remanded the matter back to the patent office and directed to consider afresh. Manju Singhal v.
Also, the Government has recently made an Amendment to the Patent Rule i.e. Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patentapplication process and reduce the burden of the compilation and accelerate actions. It protects a fair platform for the protection of the idea which is very crucial.
US patent law allows an applicant to file a “child” patentapplication while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed.
If after further consideration you think a utility patent would be more appropriate, here’s a helpful post on filing a utility nonprovisional patentapplication. Perhaps you want to cover both the shape and two-dimensional artwork on the product. Do you need pictures in order to patent a design?
To protect the appearance of an article of clothing with such unique features, consider filing design patents. Keep in mind that design patents do not protect functional features which fall under the domain of utility patents. Patent agents cannot file trademark applications. Non-patent lawyers cannot file patents.
Such inventions may be protectable under federal patent laws. An inventor must secure a patentapplication within a very short period of time to prevent the work from falling into the public domain.
In just the past year the IPKat has hosted a number contributions on IP and AI generated creations/inventions, including book reviews , a report on the US Copyright Office decision to reject protection for an artwork created by a machine, analysis of the UK IPO consultation on AI and IP, and updates on Dr Thaler’s attempt to name the DABUS algorithm (..)
The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too.
The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patentapplication for insect treatment.
Such inventions may be protectable under federal patent laws. An inventor must secure a patentapplication within a very short period of time to prevent the work from falling into the public domain.
From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patentapplications filed abroad, we had some engaging posts on this blog this week. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.
For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Utility and Design Patents. There are two types of patents. Bodum French Press Design Patent.
For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Utility and Design Patents. Patents are one of the most confusing types of IP law, and justifiably so.
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