Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

OCTOBER 7, 2021

The closing initial A suggests the patent is just an application, but this is not true. OAPI granted the patent on 31 May 2019. It belongs to a patent family whose priority goes back to the US provisional patent application US62/249,758 or US201562249758P. But they cannot be allowed to do so twice.

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Patent Government IP Technology 78

IP and Legal Filings

APRIL 18, 2023

The Issue The Indian Patent Office , has for the first time rejected to recognize the claim of AI to be an inventor relying upon Section 2 and 6 of the Indian Patents Act, 1970 (Hereinafter, the Act). [1] 2] However, some argue that AI systems should be granted legal personality and be allowed to own patents. 7] Way ahead?

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LexBlog IP

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

Patently-O

MAY 22, 2024

Core developed the patented invention “entirely on [his] own time” under his employment agreement. The majority opinion written by Judge Taranto and joined by Judge Dyk held the contract language was ambiguous on this point and remanded for further factual development to determine the parties’ intent.

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Intepat

OCTOBER 6, 2024

While most patent offices, including the United States Patent and Trademark Office (USPTO), have ruled that AI cannot be listed as an inventor, the debate continues. As AI technologies evolve, regulators and lawmakers may need to revisit patent laws to accommodate the unique challenges posed by AI innovation.

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Patent Intellectual Property Inventor Technology 52

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy.

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Patent Intellectual Property Ownership Invention 52

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

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Invention Confidentiality Privacy Public Use 59

LexBlog IP

MARCH 27, 2023

Instead, OpenAI treats the matter as one of ownership via contract law. No, according to various patent offices and patent laws around the world. Patent law requires at least one human inventor. Smart Contracts: Smart contracts are self-executing contracts that are coded on the blockchain.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

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Invention Confidentiality Privacy Public Use 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Sara Fish works closely with clients on all aspects of IP litigation and has experience in consumer products, medical devices, pharmaceuticals, consumer electronics, software applications, and various other technologies. from the University of Georgia School of Law and was the senior notes editor of the Journal of Intellectual Property Law.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

Invention 52

Invention Confidentiality Privacy Public Use 52

The IPKat

AUGUST 24, 2023

After Mylan received a marketing authorisation for its generic product, Novartis started summary proceedings to prevent the launch of the said product based on its European patent application EP 2 959 894. The grant of that patent had initially been rejected by the examination division of the EPO for lack of novelty.

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SpicyIP

FEBRUARY 26, 2025

Image created through Dall E Delhi High Court Stirs the Pot for Biotech Patent Applicants in India By Prashant Reddy T Recently on 21 February 2025 the Delhi High Court delivered a judgment upholding the Patent Offices rejection of a patent application filed by the University of California seeking a patent for a vaccine for livestock.

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Patent Application Patent Invention Art 93

SpicyIP

MARCH 7, 2025

Secondly, the presumption in favour of the applicant is slightly problematic. While filing for a patent application, as pointed out earlier, the applicant files Form 1 , in which the details of the true and first inventor/s are provided. The third step would require the Patent Office to engage in contract interpretation.

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Inventor Invention Contracts Patent Law 87

SpicyIP

MARCH 7, 2025

Wrongful obtainment is an unexplored area of Patent law when compared to other, fancier and more contested topics, such as Inventive step or Subject matter exclusion. The Patent Office, in both cases, eventually rejected the patent application post-examination on other grounds.

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Inventor Invention Patent Application Patent 80

SpicyIP

DECEMBER 31, 2024

The Court also asserted the importance of both processes:- rigorous examinations for the focused evaluation against set legal standards so as to ensure only deserving applications receive patents; and the opposition process as a forum for external stakeholders to contribute to a more comprehensive evaluation of the patent application.

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