SpicyIP

MARCH 2, 2025

Highlights of the Week Delhi High Court Stirs the Pot for Biotech Patent Applicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.

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Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. Sadly, targets of genericization are often successful brands whose goods were or are market leaders in their sector. Another way is to use the brand as an adjective with the generic term. .’

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IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. AI is similar to previous computer-assisted inventions in several aspects.

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SpicyIP

MARCH 9, 2025

Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patent application but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.

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Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are good reasons deciding whether or not to patent? Will the innovation work?

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IP Close Up

FEBRUARY 22, 2022

Non-resident patent applicants accounted for 90% of the patent applications received by the IP office of Australia in 2020, but only 10% of the applications received Continue reading.

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The IPKat

MAY 24, 2024

The crux of the Treaty is an international disclosure requirement related to genetic resources and traditional knowledge associated with genetic resources in patent applications. R.I.P. the Patent Bargain? The Treaty is a momentous achievement, but being brand new does not insulate the Treaty from criticism.

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Intellectual Property Office Blog

NOVEMBER 28, 2022

He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. So, you have a brand and a product, what next? This is exactly what Tom did, which helped him when applying for Hornit as a brand name.

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SpicyIP

DECEMBER 9, 2024

Case Summaries Philip Morris Brands Sarl vs M/S Rahul Pan Shop & Ors. A counterclaim was also filed on behalf of the defendant for revocation of the subject patent. In the current application before the HC, the Plaintiff sought to amend their claims in the patent application.

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IP Spotlight

DECEMBER 31, 2020

Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant? To answer that question: Patents : In 2020 the USPTO’s eight-year trend of reducing patent application pendency continued to trend downward. months; and.

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SpicyIP

NOVEMBER 30, 2024

of the Treaty provided mandatory disclosure of Traditional Knowledge in patent applications (discussed here by Praharsh). Subsequently, the Department for Promotion of Industry and Internal Trade (DPIIT) has informed its intention to amend Section 10 dealing with “Content of Specification” of the Indian Patents Act, 1970.

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SpicyIP

AUGUST 23, 2024

Looking at Traditional Knowledge and Patents: The MHC recently upheld the Controller’s rejection of a patent application for being based on Panchagavya, a form of Traditional Knowledge. The Judgment M/s.The Zero Brand Zone Pvt. Is There Scope for Innovation with Section 3(p) in Place?

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Kashishipr

MARCH 16, 2022

In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. In general, patents last for twenty years from the date of filing (it may vary from one country to another). Trademarks.

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IIPRD

OCTOBER 7, 2024

Moreover, the IPR eases the market development and establishes a solid brand identity. The environment is branded by the active interaction of various stakeholders, including the entrepreneurs, investors, incubators accelerators, and the administration forms. The Trade Marks Act of 1999 allows any startup to file trademarks.

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Patently-O

DECEMBER 20, 2022

I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. Mosaic Brands, Inc. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. 4th — (Fed.

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SpicyIP

AUGUST 22, 2021

Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue.

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Patent Trademark Blog

APRIL 27, 2023

At the outset, sellers need to register on Amazon Brand Registry. Nowadays, you do not necessarily need to have a trademark registered in order to apply for the Brand Registry. A pending trademark application filed with the USPTO may suffice. Where do you start? Each side must be willing to pay a $4,000 deposit.

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SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more for the details.

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SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

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SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. The Controller had rejected the application on the ground of lack of inventive step in light of the previously cited prior art. Shell Brands International AG v. Rosemount Inc.

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SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

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Confidentiality Trademark Copyright Infringement Music 52

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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Patent Trademark Blog

MAY 16, 2024

With a life cycle of three to ten years, consider filing a utility patent application with a Track One request to speed up the USPTO’s examination of your utility application. In addition, you might consider filing a design patent application which may get allowed sooner than your utility patent.

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The IPKat

MAY 27, 2024

When it enters into force, the treaty will create an international disclosure requirement related to genetic resources and traditional knowledge associated with genetic resources in patent applications.

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Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights. In other words, this is more of a contractual issue than statutory issue in the US.

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LexBlog IP

DECEMBER 6, 2021

Jump To: Trademark Protection for Branding. Trademark Protection for Branding. However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product. In the software industry, protecting your brand is just as crucial as protecting your product or service.

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Patently-O

DECEMBER 4, 2022

Daniel Davies: Supreme Court of Canada Affirms Record-Setting $645M Patent Infringement Award in Dow v Nova (Source: JD Supra). Alessandro Mascellino: Apple Patent Application Hints at Identifying People Like Puzzle Pieces (Source: BiometricUpdate.com). Klarquist – Chemistry Patent Attorney/Agent. Source: WIPO IP Portal.

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SpicyIP

NOVEMBER 18, 2024

Genentech vs Controller Of Patents And Designs on 28 March, 2024 (Madras High Court) Image from here The appellants sought for the order by the respondent Controller to be set aside and further, their patent application for its medicinal compound titled “Inhibitors of IAP” to be allowed to proceed to grant.

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IP and Legal Filings

AUGUST 8, 2024

A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patent application is filed in India, that leads to the protection of the patent internationally.

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SpicyIP

MARCH 30, 2025

The court recognized Calvin Klein as a globally renowned brand with significant goodwill. The court underscored the need to protect brand integrity and prevent unfair competition, holding that such trademark misuse warranted a strict injunction. vs. Vishal & Anr.

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Personality Rights Trademark Intellectual Property Copyright 59

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us?

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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The IPKat

SEPTEMBER 20, 2021

Switzerland and Sweden lead “in international patent applications filed via WIPO’s Patent Cooperation Treaty (PCT)”. Israel is leading “in R&D expenditures, venture capital deals and PCT patents”. Korea went up in indicators related to “trademarks, global brand value, and cultural and creative services export”.

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SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). The matter was remitted by the Court for fresh consideration by a different Patent Controller.

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IP Watchdog

JANUARY 30, 2023

Food and Drug Administration (FDA) to address drug patent issues, 30 public comments were filed in response to the Federal Register notice issued last November seeking input on ways that both agencies could promote both innovation and patient access to generic pharmaceuticals.

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Patently-O

JULY 8, 2022

Tris sells under the brand “Quillivant XR”). Tris responded to the Actavis ANDA by suing under 271(e) and asserting three separate patents. .” This is the same drug found in Ritalin and used to treat ADHD and other neurological concerns. T1/2 of about 5 to about 7 hours.

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43(B)log

APRIL 29, 2024

Kitchen Cube filed a patent application for the Cube. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. The alleged falsehoods: (1) that Kitchen Cube “designed and manufactured” the Cube; and (2) that Kitchen Cube filed a patent application on the Cube.

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