The IP Law Blog

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A trade secret protects a business’s confidential and proprietary information. A patent protects an invention. The patent application has to describe the invention in detail and how to make and use the invention.

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Patent Invention Patent Application Confidentiality 104

SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.]

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Patent Application Inventor Patent Intellectual Property 63

SpicyIP

JANUARY 20, 2025

Deepak Gupta & Ors Do trade secrets/confidential information need to have economic or commercial value? The impugned order, which referred to Section 21 of the Patents Act, was contended as an improper refusal under Section 15, as the petitioner had not received a second examination report and had not been given a chance to respond.

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Registering Trademarks Trademark Registration IP 102

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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SpicyIP

SEPTEMBER 2, 2024

Image by storyset on Freepik Recently, the Delhi High Court (DHC) issued an interim injunction in a lawsuit concerning trade secrets and confidential information. The first, is if there is a contract between both parties that contains a specific obligation to protect confidential information. 1 who then shared it with defendant no.

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Confidentiality Business Public Domain Copying 85

Patent Trademark Blog

MARCH 14, 2022

Does our firm sign an NDA before the initial patent attorney meeting? No, our firm does not sign confidentiality agreements for these reasons. We’ve filed so many patent applications that we really do not need to know all the nitty gritty details of your invention in order to answer most of your questions.

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Patent Application Patent Invention Design Patent 98

SpicyIP

JUNE 13, 2022

While there is a growing repository of algorithmic information on the Patent Office website due to the increasing number of patent applications for computer related inventions, the applications may not always disclose key algorithms. Is the disclosure requirement a public disclosure or a confidential disclosure?

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Confidentiality Technology Government Ownership 129

IP Law 360

JUNE 7, 2023

A urologist told a Los Angeles federal jury on Wednesday that he created the first Food and Drug Administration-approved cosmetic penile implant, only to be "betrayed' by a fellow urologist who stole his company's trade secrets and made it public by filing a patent application based on the confidential information.

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Confidentiality Patent Application Patent 75

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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IP Intellectual Property Invention Inventor 98

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

JULY 5, 2021

It noted that “ despite relevant University Ordinances stipulating access …, the prerogative lies with the University to withhold one such thesis in absolute confidentiality on the grounds of commercial viability and market competition. ”. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention.

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Patent Application Invention Confidentiality Copyright Law 131

The IP Law Blog

FEBRUARY 16, 2023

Attendees had no confidentiality obligations and “were not provided any gene or breeding information.” This patent application for Cherry Star was pre-AIA, but one would expect the same result post AIA given that the AIA’s reference to “otherwise available to the public” may encompass even more public displays.

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Public Use Patent Invention Confidentiality 98

Patently-O

AUGUST 5, 2024

As required by 102(a)(2), Kuo’s subsequent publication altered its status, and the application suddenly became prior art, backdated to its effective filing date. Liao had evidence of prior conception and reduction to practice — having delayed about 5 months from RTP to file the patent application in his home country of Taiwan.

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Invention Inventor Art Public Use 111

Patently-O

JANUARY 25, 2022

Order to Keep the Patent Filings Secret : The defendant has several patent applications pending at the USPTO which apparently include the trade secret algorithm within its specification. Here, the plaintiff raised “a serious question” and that was enough. ” (Quoting Ultimax ).

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Public Domain Patent Application Confidentiality Patent 133

IP Law 360

JULY 1, 2024

has filed a trade secret lawsuit in Pennsylvania federal court accusing a former employee of wrongfully using the natural gas company's confidential business information to file patent applications in his own name. CNX Resources Corp.

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Confidentiality Patent Application Patent Business 52

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

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Confidentiality Patent Application Patent Invention 52

SpicyIP

MARCH 20, 2023

In yet another order dealing with unreasoned rejections of a patent application, the Delhi High Court comes down heavily on the Indian Patent Office. Praharsh and Swaraj write about this order, underscoring the role played by well-reasoned orders in the appeals before the high court and patent bargain.

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LexBlog IP

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A trade secret protects a business’s confidential and proprietary information. A patent protects an invention. The invention must meet several requirements in order to be patentable.

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Patent Invention Patent Application Confidentiality 52

JD Supra Law

FEBRUARY 24, 2023

In a cautionary tale for inventors participating in trade shows and other non-confidential presentations, on February 15, 2023, the U.S.

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Confidentiality Inventor Patent Patent Application 52

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.

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Trading Secrets

MARCH 15, 2024

The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. Opting to keep this process confidential, Celanese sold Ace-K for several years. Plot twist!

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Invention Patent Confidentiality Inventor 52

Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device.

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Patent Application Patent Art Design Patent 52

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent.

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Patent Application Patent Invention Inventor 52

IP Tech Blog

JUNE 18, 2021

These changes will help make practitioners’ activities at the USPTO more transparent, permitting identification of potential conflicts while also protecting client confidentialities. Although many changes adopted by the USPTO were substantive, over ten sections were amended only to increase the clarity of the rules.

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Inventor Patent Patent Prosecution Confidentiality 98

LexBlog IP

MARCH 15, 2024

The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. Opting to keep this process confidential, Celanese sold Ace-K for several years. Plot twist!

Invention 52

Invention Patent Confidentiality Inventor 52

LexBlog IP

MARCH 13, 2024

The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. Opting to keep this process confidential, Celanese sold Ace-K for several years. Plot twist!

Invention 52

Invention Patent Confidentiality Inventor 52

LexBlog IP

MARCH 18, 2022

The Importance of Provisional Applications in the Patent Process. Do you have a provisional patent application that you want to convert to a non-provisional patent? JUMP TO: Filing a Non-provisional Patent Application. Getting Assistance with the Patent Process. Converting to a Non-provisional.

Patent Application 52

Patent Application Patent Invention Confidentiality 52

Patently-O

FEBRUARY 16, 2023

The district court denied the motion to dismiss four of the five, essentially holding Xcential had plead plausible facts that Akin Gump had misappropriated Xcential’s confidential information for the firm’s own benefit. The order is here. Pure Hemp Collective Inc. 22-01363 (Fed.

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Confidentiality Patent Application Invention Technology 49

Patent Trademark Blog

MARCH 18, 2022

A helpful definition by the Uniform Trade Secrets Act (UTSA) identifies certain conditions for confidential information to be protectable: commercially valuable by being confidential; known only to a limited group of persons; and kept confidential by reasonable efforts. In either case, you would end up with zero patent rights.

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Intellectual Property IP Confidentiality Patent Application 52

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

LexBlog IP

SEPTEMBER 22, 2021

ABL alleged that Zolezzi misappropriated more than 90 confidential and proprietary files. The files included ABL’s detailed business plans and documents disclosing ABL’s scientific testing results, experimental designs, patent applications, formulations, manufacturing processes, and marketing strategies.

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The IPKat

JANUARY 16, 2022

A Kat being extra careful while Mercury is retrograde Copyright SpicyIP analysed a recent decision from the Bombay High Court, in which it was decided that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Since the pandemic started, 5,070 global patent applications have been published.

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Patent Trademark Blog

MARCH 3, 2022

If after further consideration you think a utility patent would be more appropriate, here’s a helpful post on filing a utility nonprovisional patent application. Make sure you articulate what you mean by “design” when you talk to your patent attorney. Show your design or keep it confidential?

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Design Designs Design Patent Patent 52

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.

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Patent Intellectual Property Confidentiality Invention 52