SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims. Vennootschap (Sr.

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Trademark Patent Copyright Patent Application 59

The IP Law Blog

MAY 11, 2023

Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.

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Litigation Art Patent Application Copying 98

The IP Law Blog

MARCH 16, 2023

Moderna also states that Pfizer/BioNTech’s patents did not originally cover the technology that Moderna used, but that Pfizer/BioNTech’s patent applications were amended after Moderna’s patent applications (which disclosed Moderna’s technology) had been published.

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Technology Licensing Patent Application Patent Infringement 98

The IPKat

AUGUST 2, 2024

The book argues against the idea that dematerialisation is a uniquely 21st century problem by looking at three situations where US patent law has already dealt with a dematerialised subject matter: 19th century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the 20th century.

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SpicyIP

OCTOBER 9, 2024

This post will analyse the Controller’s orders and assess the propriety of the observations in light of the historical development of the Patent Act 1970 over the Patent Act 1958. The foundation of the Patents Act, 1970, is influenced by the recommendations of the Ayyangar Committee (“ Report on the revisions in the patent law ”).

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Patently-O

MAY 21, 2024

It remains to be seen whether those traditional design patent considerations will continue. As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued.

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Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?

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Patent Trademark Blog

JUNE 1, 2022

Is the US patent law firm familiar with PCT nuances? What is the difference between theory and reality in US patent law practice? For example, the USPTO is supposed to consider Article 34 Amendments filed during the Chapter II examination of the PCT application. Do you need to expedite your US patent application?

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The IP Law Blog

JUNE 9, 2022

If, however, the article has an ornamental design but is also functional, it may be the subject of both a design patent and a utility patent. In order to obtain a design patent, the applicant must file a patent application. A design patent has several advantages over a utility patent.

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Design Patent Designs Design Patent 52

SpicyIP

AUGUST 13, 2024

This, the applicants contended resulted in two things- (i) increased speed of functional dependency analysis; and (ii) saving computer resources. The Patent Office rejected the patent application u/s. The invention did not affect the ‘internal’ functioning of the computer.

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SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. It also talks about suggestions that such copies are too trivial/de minimis to qualify as infringement.

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LexBlog IP

DECEMBER 6, 2021

Oracle Supreme Court Decision , where the Court determined that Google’s copying of 11,500 lines of Oracle’s Java SE code was indeed fair use of that material as a matter of law. Patent Protection for Functionality. The most time-sensitive of all filings are your patent filings.

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Intellectual Property Patent Application Invention Branding 52

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. From a policy perspective, pre-grant oppositions are excellent policy.

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SpicyIP

OCTOBER 7, 2023

Huawei to determine global FRAND rates, even where some of the parties did not agree to its jurisdiction or had initiated FRAND rate determination proceedings in Chinese courts, appears to challenge the territorial and statutory nature of patent law.

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The IPKat

MAY 19, 2024

These AI generated structures may be included in patent applications or simply published in depositories on the internet. This approach could be used as a strategy by patent trolls or those looking to block others from patenting new structures. Evaluating objective indicia of obviousness or non-obviousness (e.g.,

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Patent Art Invention Patent Law 64

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. PDF copy available. Inventorship in the US is a critical component of patent ownership. Amendments.

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LexBlog IP

MARCH 5, 2023

Patent Nos. In considering the first factor, the court recognized that state-law tort claims based on the communication of patent rights, such as HBL’s tortious-interference and defamation claims, “are preempted by federal patent laws, unless the claimant can show that the patent holder acted in bad faith.”

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Patent Infringement Patent Intellectual Property Law Litigation 52

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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Patent Infringement Invention Patent Patent Law 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. Birss LJ dissented and would have allowed it.

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LexBlog IP

SEPTEMBER 8, 2021

Many investors may also want to invest before you have the issued patent in hand as a way to keep investment costs lower. In other words, filing a patent application (and before paying thousands to obtain the issued patent) can entice investors to invest in or finance your company.

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Invention Patent Intellectual Property Inventor 52

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. As a result, it is apparent that patent law offers a broader scope of protection in contrast to copyright law, which is primarily relied upon by inventors in this field.

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Invention Intellectual Property Patent Copyright 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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SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission. This may include patent applications with patent offices or registering trademarks and copyrights with relevant authorities.

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LexBlog IP

APRIL 19, 2023

Conducting a search for competitor patents prior to committing to a substantial investment in a product can minimize wasted time and money associated with product takedown proceedings and lawsuits by providing the seller an opportunity to design around identified patents. on Amazon or elsewhere) or otherwise publicizing the product.

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SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

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Trademark Invention Licensing Patent 59

LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

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Designs Design Trademark Copyright 52

LexBlog IP

MARCH 27, 2023

No, according to various patent offices and patent laws around the world. Patent law, the term “inventor” is defined as an “individual” or “individuals” who “invented or discovered the subject matter of the invention.” Patent law requires at least one human inventor.

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Intellectual Property IP Inventor Copyright 52

SpicyIP

FEBRUARY 26, 2025

He is also the co-author of two books- Create, Copy, Disrupt: Indias Intellectual Property Dilemmas (OUP, 2017) and The Truth Pill: The Myth of Drug Regulation in India (Simon and Schuster India, 2022). The Patent Applicant filed an appeal before the Delhi High Court in 2022 resulting in the judgment which is the subject of this piece.

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Patent Application Patent Invention Art 93

SpicyIP

JANUARY 26, 2025

In the wake of Anurag Chaurasia’s (paywalled) Nature piece cautioning Indian scientists to conduct due diligence before using CRISPR gene editing tools, Prashant Reddy T looks closely at the patent issues raised by Chaurasia in his paper. Can Cas9 be Patented in India? 47 narrowly when it comes to research tools (e.g.

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