SpicyIP

MARCH 20, 2023

The Court Directs the State Government to Notify the Rules Within 1 Week IPD for Madras High Court! In a huge development, the Madras High Court has directed the state government to notify the IPD Rules except with the rule related to court fees, within 1 week from the receipt of the order passed in Galatea Limited v.

Art 104

Art Invention Patent Application Marketing 104

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? derivation.pdf ). Benjamin Levi and Rodney R.

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Art Journalism Patent Law Invention 126

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Bombay High Court clarifies that plaintiff must disclose confidential information to the court in cases where a breach of confidentiality is asserted. Rochem Separation Systems (India) Pvt.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Technology 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. The case was discussed on the blog here.

IP 124

IP Copyright Trademark Intellectual Property 124

Patently-O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

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Litigation Intellectual Property Business Government 105

Intepat

MAY 24, 2024

Patents offer strong legal protection but come with high costs and public disclosure. Trade secrets, while cheaper and without time limits, must be kept confidential. Additionally, patent holders must adhere to specific obligations once their patents are granted. Patents do not have these administrative burdens.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

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? derivation.pdf ). Benjamin Levi and Rodney R.

Journalism 105

Journalism Art Patent Law Invention 105

SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. However, since the ordinance would lapse, Parliament had to necessarily enact a law to amend the Patents Act.

Patent 52

Patent Patent Application Government Reporting 52

SpicyIP

APRIL 30, 2023

Nirtech – Analysing the Claim of Breach of Confidential Information Image from here. Ex-employees using confidential information acquired from the former employer! Nirtech on protecting confidential information. Other posts Rochem v. In this post, the author discusses the Bombay High Court order in Rochem v.

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Confidentiality Trademark Copyright Patent 105

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The nations in which the Contractor seeks to file the patent application. important;}}. important;}}.

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Intellectual Property Invention Contracts Patent Application 52

SpicyIP

JANUARY 2, 2024

Furthermore, the debate over whether the Indian Government’s investment in the TKDL is worthwhile for taxpayers has been ongoing. For some time now, a major area of concern has also revolved around the purportedly confidential nature of the TKDL database, accessible only to patent officers and restricted from the general public.

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Invention Reporting Government Art 64

IPilogue

JULY 7, 2021

The employee created or developed the invention with the employer’s confidential information. As such, employees intending to patent inventions made during their employment should be aware of the purpose of their employment and the assistance or instruction provided by an employer in developing the invention.

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Invention Ownership Patent Intellectual Property 59

Patently-O

APRIL 10, 2024

As stated in the notice, “While the USPTO is committed to maximizing AI’s benefits and seeing them distributed broadly across society, the USPTO recognizes the need, through technical mitigations and human governance, to cabin the risks arising from the use of AI in practice before the USPTO.”

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Patent Art Patent Application Confidentiality 45

The IPKat

DECEMBER 22, 2022

They sought an Arrow declaration that the importation, disposal, use and keeping by them of generic fingolimod in the UK for that specific use would have been obvious at the priority date of the patent in question ([5]). In this way the court can decide a patent infringement case even before the patent has been granted ([17]).

Marketing 83

Marketing Marketing Patent Infringement Patent 83

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located. Intellectual property attorneys can file these applications from anywhere.

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 52

SpicyIP

SEPTEMBER 8, 2024

A very crucial discussion on this front began with Prashant’s post pondering whether TKDL is a ‘confidential database ,’ and compliant with Indian copyright law, which it apparently was not! Underscoring the irony, he observed that some of the patents TKDL opposed in the U.S. The good thing is that this reporting got traction.

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Advertising Advertising IP Patent 111

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

In view of this notice, life sciences companies should consider involving patent counsel in the review of relevant FDA submissions for possible inconsistencies with PTO filings and determination of the appropriate course of action where material inconsistencies are found to exist. Preserving confidentiality and privilege.

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Patent Prosecution Due Diligence Inventor Reporting 76

LexBlog IP

JANUARY 25, 2022

The United States Patent and Trademark Office (USPTO) is the government agency responsible for granting patents and registering trademarks. The USPTO website is a great resource for inventors, offering information on patenting procedures, patent search tools, and more. PATENT SEARCH TOOLS. Google Patents.

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

Trading Secrets

JUNE 3, 2022

The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. Disclosure of Trade Secrets in Patent Applications. In Life Spine, Inc. Aegis Spine, Inc. , 8 F.4th

Law 59

Law Confidentiality Designs Design 59

IIPRD

FEBRUARY 19, 2021

In her patent application, she claimed that her soup is free from preservatives and artificial additives. Despite the above-said provision, various patents as mentioned above were granted to the food composition, methods or process of preparation.

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Patent Invention Public Domain Patent Application 40

Intepat

JUNE 19, 2023

Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs. Therefore, it is important to make sure such confidential information is not publicised unauthorisedly.

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Intellectual Property Due Diligence Ownership Invention 52

The IPKat

OCTOBER 5, 2021

When applying for a patent in the UK, if the applicant is not the inventor it is required to file the statement of inventorship under s.13(2) 13(2) of the UK Patents Act 1977 to indicate how the applicant derived the right from the inventor to be granted a patent. 7(2)(b) ([124]). 7(2)(b) ([130]).

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Inventor Invention Intellectual Property Patent 93

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc. PATENTS: In the realm of intellectual property rights, patents play a crucial role in safeguarding the innovative ideas and inventions of startups.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

MARCH 25, 2024

Zydus Lifesciences Limited, on 13 March 2024 (Delhi High Court ) The case centered on the establishment of a confidentiality club in a biosimilar litigation dispute. The court, emphasizing the need to preserve timelines and avoid prejudice, directed the Defendant to file a reply to the application within one week.

Trademark 52

Trademark Patent Copyright Confidentiality 52

SpicyIP

DECEMBER 17, 2023

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. 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office.

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IP Trademark Advertising Advertising 59

SpicyIP

MARCH 4, 2024

It further directed parties to state the names of their experts to facilitate examination of expert opinions if deemed necessary, and considering the technicalities of the matter held that it will eventually consider resorting to- appoint an independent expert for the matter, employ hot tubbing, constitute a confidentiality club.

Invention 59

Invention Trademark IP Patent 59

IIPRD

MAY 4, 2023

Section 3 of the Patents Act lists statutorily non-patentable inventions, which pose a challenge to patentability depending on the subject matter claimed. In summary, a patent application for a medical device in India is often objected to under Sections 3(i), (f), and (k).

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

SpicyIP

SEPTEMBER 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. The patent was denied for lack of novelty and insufficient disclosure. Anything we are missing out on?

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Trademark Confidentiality Patent Application Copyright 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. Global patent wars, safety concerns among the public, and scrutiny from government regulators are challenges that the battery industry must face head-on as it heads toward powering the future.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

LexBlog IP

MARCH 12, 2023

District Court for the Southern District of Ohio Judge Timothy Black rejected arguments that a state court declaratory relief action over the ownership of several disputed patent applications involved federal patent or trade secret claims and ruled that it belonged in state court.

Blogging 52

Blogging Litigation Ownership Reporting 52

SpicyIP

APRIL 3, 2025

As the COVID-19 pandemic swept across the world in 2020 and countries scurried to develop and manufacture vaccines, the government of India announced that it was funding the development of a range of diagnostics, medicines and vaccines.

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Patent Government Invention Litigation 59