IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. In her blog post, Director Vidal states that stakeholders with respect to U.S.

Patent 98

Patent Invention Patent Application Intellectual Property 98

Traverse Legal Blog

NOVEMBER 16, 2021

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. Have all conveyances, including assignments, been properly recorded for the IP assets with the respective IP offices?

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Due Diligence IP Intellectual Property Invention 75

IP Blog

SEPTEMBER 2, 2020

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Copyrighting, meanwhile, only offers partial coverage for the exact source code, while other types of IP protection simply do not apply.

Patent Application 52

Patent Application Intellectual Property Patent IP 52

Patent Trademark Blog

SEPTEMBER 28, 2022

If you filed any foreign patent applications, make sure to get the contact information of the foreign associate for each case. Our firm works with several foreign associates in each major foreign country, but it can save money to continue working with the foreign IP firm currently handling a particular foreign filing.

Patent 52

Patent Due Diligence Patent Application Art 52

Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?

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Design Patent Patent Patent Application Designs 52

LexBlog IP

JANUARY 25, 2022

The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. In this blog post, we will discuss several free online tools and resources that every inventor should know about. Google Patents. USPTO Patent Full Text and Image Database. PATENT SEARCH TOOLS.

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

Patent Trademark Blog

FEBRUARY 21, 2022

Does it matter where you live or where your patent attorney lives? Some might disagree, but I would argue that your location does not matter if you’re looking for a patent attorney to file patent applications. If you need a patent litigator, then location may play a bigger role.

Patent 52

Patent Patent Application Invention IP 52

LexBlog IP

OCTOBER 24, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas. 12/20/2023) 2023 U.S.

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Patent Patent Application Invention Advertising 111

Patent Trademark Blog

JUNE 1, 2022

What should PCT applicants look for in a US national phase firm? When it comes to entering the US national phase, PCT applicants have a lot of options. Can a boutique IP firm handle US patent filings for a large client? Will the US national phase firm warn you of potential problems in your PCT application?

Inventor 52

Inventor Art Patent Law Patent Application 52

Patent Trademark Blog

MAY 26, 2021

The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines. Each foreign country has its own patent laws which may or may not allow for broken lines in design patents.

Design Patent 60

Design Patent Designs Design Patent 60

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications.

Design Patent 40

Design Patent Designs Design Patent Application 40

IPilogue

JUNE 2, 2022

Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

Invention 111

Invention Ownership Intellectual Property Inventor 111

The IP Law Blog

MARCH 10, 2022

The Board noted that the holding of a district court in the Eastern District of Virginia that an artificial intelligence system could not be an inventor on a patent application under patent law supported the Board’s conclusion, given that patent and copyright law have similar requirements.

Art 97

Art Copyright Copyright Law Registration 97

IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

Patent 101

Patent Invention Art Inventor 101

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

Invention 98

Invention Inventor Patent Moral Rights 98

Garrigues Blog

APRIL 5, 2022

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. c) of the Patents Law and article 138.1

Patent 72

Patent Patent Application Art Blogging 72

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.

Inventor 52

Inventor Patent Invention Patent Application 52

Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

Patent 105

Patent Intellectual Property Invention Ownership 105

LexBlog IP

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. In her blog post, Director Vidal states that stakeholders with respect to U.S.

Patent 52

Patent Invention Patent Application Intellectual Property 52

The IP Law Blog

JANUARY 13, 2022

In order to obtain a patent for an invention, the invention must be fully disclosed in a written patent application. The patent application has to describe the invention in detail and how to make and use the invention. The invention must meet several requirements in order to be patentable.

Patent 104

Patent Invention Patent Application Confidentiality 104

Garrigues Blog

JANUARY 12, 2022

All of us at the Garrigues IP Blog would like to wish you a very happy new year. This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor.

Inventor 52

Inventor Invention Patent Application Designs 52

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

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Inventor Patent Invention Patent Application 40

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

Inventor 52

Inventor Invention Patent Patent Application 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. Protecting IP ensures that startups can maintain their competitive edge and capitalise on their innovations. Classify each type to understand its specific protection requirements.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

Invention 105

Invention Patent Intellectual Property Inventor 105

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules). and ipr-patents@gov.in.

Patent 52

Patent Patent Application Government Designs 52

Kashishipr

OCTOBER 20, 2021

The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. For more visit: [link].

Patent 105

Patent Intellectual Property Inventor Government 105

The IP Law Blog

JUNE 9, 2022

If, however, the article has an ornamental design but is also functional, it may be the subject of both a design patent and a utility patent. In order to obtain a design patent, the applicant must file a patent application. A design patent has several advantages over a utility patent.

Design Patent 52

Design Patent Designs Design Patent 52

The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor.

Inventor 110

Inventor Invention Art Patent 110

LexBlog IP

MARCH 10, 2022

The Board noted that the holding of a district court in the Eastern District of Virginia that an artificial intelligence system could not be an inventor on a patent application under patent law supported the Board’s conclusion, given that patent and copyright law have similar requirements.

Art 52

Art Copyright Copyright Law Registration 52

Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.

Patent Application 98

Patent Application Patent Art Invention 98

The IP Law Blog

MAY 11, 2023

Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.

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