Intellectual Property Law Blog

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.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

OCTOBER 21, 2022

Of interest for those looking at the diversity of the court as a litmus test for that of the patent law profession in Europe is that the picture is rather different when it comes to the 51 technically qualified judges. This has been agreed and ratified by Contracting Member States which are EU Member States.

Contracts 85

Contracts Patent Law Patent Technology 85

IPilogue

JULY 22, 2022

In this role, she presented a seminar with the City of Barrie Sandbox Centre along with her peers on “ The Mechanics of Filing a Patent & Patent Law ”. D’Agostino on research around privacy rights in contract tracing amidst the COVID-19 pandemic. Outside of her course involvement, she also worked with Prof.

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Intellectual Property Intellectual Property Law IP Artwork 116

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

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Contracts Intellectual Property Patent Infringement Government 98

Patently-O

NOVEMBER 28, 2022

Since there are no annual dues, CLE requirement, or even check-in many folks continue to stay on the rolls even though they are not practicing patent law. One example is my colleague Professor Royce Barondes who passed the patent bar exam prior to law school and then never practiced in the field.

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Patent Prosecution Patent Patent Application Contracts 94

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 52

Contracts Licensing Patent Law Law 52

SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.

Designs 59

Designs Design Law Intellectual Property 59

IPilogue

OCTOBER 5, 2021

Global issues often alter the patent landscape, encouraging the side-stepping of many patent laws in favour of the public good. More recently, COVID-19 has prompted discussions regarding waiving the patent rights for COVID-19 vaccines to hasten vaccine production and manufacturing around the world.

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Patent Licensing Technology IP 105

Kashishipr

JULY 7, 2021

Another mode of protection could be through enforcement of the law against industrial or commercial espionage, breach of contract, and breach of confidence. In the second instance, the proprietor should opt for a trade secret since the Patent Law would be inapplicable. Points of Consideration.

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Patent Intellectual Property Invention Patent Law 105

The IPKat

JUNE 29, 2022

Under the planned new exception, rightholders will still have safeguards to protect their content, including a requirement of lawful access. For AI-devised inventions no change to UK patent law are being currently considered. As stated, the main safeguard for rightholders will be the requirement of lawful access.

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Government Copyright IP Invention 136

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. by Dennis Crouch.

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Invention Contracts Licensing Inventor 83

The IPKat

JULY 5, 2021

125 provides that, in the absence of its own procedural provisions, the EPO will take account of the relevant provisions of contracting states. 125 could serve as legal basis for the prohibition of double patenting should the relevant provisions exist in contracting states. The EBA evaluated whether Art.

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Patent Contracts Art Patent Application 72

Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” ” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions.

Licensing 52

Licensing Contracts Patent Law Patent 52

The IP Law Blog

MARCH 30, 2023

A small entity is defined under 37 CFR § 1.27 as any “person, small business concern, or nonprofit organization.” In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

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Business Inventor Patent Licensing 98

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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Copyright Art Licensing Contracts 126

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 40

Contracts Licensing Patent Law Law 40

SpicyIP

SEPTEMBER 12, 2024

As a brief segue, I would like to reference a law review article I authored with Shamnad many moons ago on how the broad experimental use exception in Indian patent law could act as an incentive to attract more companies to conduct risk-free R&D in India without having to worry about patent infringement lawsuits.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Patently-O

JULY 14, 2024

29 (1987), the court noted that it could not reconsider the merits of an award even if the arbitrators made factual or legal errors in interpreting a contract. However, in evaluating whether an award violates public policy, a court is bound by the arbitrators’ interpretation of the underlying contract. Misco , 484 U.S.

Patent 49

Patent Contracts Technology Marketing 49

The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Trade Marks Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023.

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Intellectual Property IP Copyright Law Invention 69

Patently-O

SEPTEMBER 13, 2021

However, this case did not sound in patent infringement, but in breach of contract. law that both the statutory measure for patent damages under 35 USC § 284 and the FRAND commitment call for the imposition of a “reasonable” royalty. patent law with no reference to French contract law.

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Licensing Contracts Patent Law Law 56

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright law protects you as a musician by preventing unauthorized use of your creative works.

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Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Government 52

The IPKat

OCTOBER 7, 2021

Monsanto concluded an agrobiotechnology licensing contract with its Burkinabe counterpart, AICB, which groups INERA (Burkina Faso’s national agricultural research institute), the Burkinabe cotton farmers (see UNPCB ) and cotton firms Sofitex , Socoma and Faso Coton. Just by contracting with AICB, Monsanto could capture the cotton areal.

Patent 78

Patent Government IP Technology 78

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.

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

FEBRUARY 15, 2022

2] The newly amended China Patent Law that took effect on June 01, 2021, extended the term of a design patent from 10 years to 15 years, which is in line with the minimum term of protection that a contracting party must provide is 15 years under the Hague System. 1] See [link]. [2] 2] See , [link].

Designs 40

Designs Design Patent Prosecution Intellectual Property 40

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

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Inventor Ownership Contracts Intellectual Property 69

The IPKat

APRIL 22, 2024

Aimed at private practice lawyers, judges, prosecutors, ministry officials and other practitioners seeking an introduction to European information technology law, this live online course will offer participants the possibility to interact instantly and directly with top-class speakers while saving you time and money.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property IP Litigation 64

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). On the contrary: it has embraced them as a useful tool.

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Settlement Patent Infringement Patent Intellectual Property 72

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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Ownership Patent Invention Contracts 40

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.

Patent 52

Patent Invention Patent Application Government 52

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.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Biswajit Sarkar Copyright Blog

DECEMBER 6, 2022

The ‘Smart Contract System’ is another solution to IP management and other IP Transactions. Smart Contract System’ is a blockchain solution that offers a method of holding, executing, and monitoring contractual codes. These contracts also allow the “transmission of payments in real time to the IP owners.”.

IP 52

IP Contracts Ownership Intellectual Property 52

Patently-O

APRIL 12, 2024

” [1] The DLT can be seen as parallel to the Patent Law Treaty (PLT) adopted in 2000 that helped to harmonize and standardize the formal patent procedures such as the filing requirements sufficient for obtaining a filing date. The deadline to submit written comments is June 25, 2024.

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Designs Design Law Registration 40

Patently-O

APRIL 11, 2024

Because that activity is domestic, the lost profits for lost service contracts were the result of a permissible domestic application of the statute. Amy Landers has offered a comprehensive and thorough analysis of proximate cause in the patent context in Proximate Cause and Patent Law.

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Patent Invention Technology Patent Law 81

The IPKat

JANUARY 7, 2024

Hanshow does not indicate what law was applied for the purposes of claim interpretation. However, under Article 24 UPCA , the applicable laws for the UPC include the EPC and the national law of the contracting states. We now await to see if SES will appeal the decision to the UPC Court of Appeal.

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Law Patent Contracts Invention 99

SpicyIP

AUGUST 30, 2021

Ryan Abbot in putting man and machine on an equal footing when it comes to inventorship under international patent law regimes, in light of recent decisions on the issue by courts in Australia and South Africa. Thus, the Court held that the mandatory injunction granted by the Single Judge was inequitable. August 26, 2021].

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