Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

SpicyIP

MARCH 2, 2025

Highlights of the Week Delhi High Court Stirs the Pot for Biotech Patent Applicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

SEPTEMBER 8, 2021

The Industrial and Commercial Bank of China’s blockchain patent application, which included a system used to improve the efficiency of certificate issuance and save users from repetitively filing the same document on multiple platforms, was one of the first known blockchain patent applications.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

43(B)log

APRIL 29, 2024

Kitchen Cube filed a patent application for the Cube. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation. The breach of contract claim survived. Somebody really needs to mention Dastar.)

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

SpicyIP

SEPTEMBER 25, 2023

SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks The Supreme Court while dealing with passing off and acquiescence in a copyright matter, urged the members of the Bar to cooperate with trial courts which are struggling with a huge pile of pending cases.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

JULY 31, 2023

Emphasizing the need to consider submissions of the applicants, the Delhi High Court sets aside the impugned order rejecting the patent application. The application was rejected under sections 2(1)(ja) and 3(d) of the Patents Act, citing 3 prior art documents.

Design 98

Design Designs Invention Intellectual Property 98

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.

Art 104

Art Invention Patent Application Marketing 104

The IPKat

MAY 20, 2024

Its purpose is to undertake the final stage of negotiations for an international legal instrument that aims to (amongst other things) introduce a disclosure of origin requirement for patents. The case concerned a short film produced by a student, whose film and audiovisual school's guide allow the school to use the students' work.

Invention 64

Invention Art Patent Application Inventor 64

SpicyIP

DECEMBER 9, 2024

Swiss Senate approves FTA with India: Whats at stake for patents? A counterclaim was also filed on behalf of the defendant for revocation of the subject patent. In the current application before the HC, the Plaintiff sought to amend their claims in the patent application.

Trademark 59

Trademark Registering Trademarks Branding Brands 59

SpicyIP

MARCH 27, 2023

Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. India currently holds 127 patents for 6G,” says Telecom Minister Ashwini Vaishnaw.

Designs 105

Designs Design Cease and Desist Art 105

SpicyIP

MARCH 30, 2025

Vishal Prafulsingh Solanke vs The Controller Of Patent And Designs on 27 March, 2025 (Bombay High Court) An appeal challenged the rejection of the appellants patent application. The Court, noting the submissions of the Local Commissioner, concluded that the defendants had infringed upon the plaintiffs trademark.

Personality Rights 59

Personality Rights Trademark Intellectual Property Copyright 59

SpicyIP

OCTOBER 6, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Lenacapavir patent application and oppositions, ANRF and corporatisation of research, the copyright dispute between Jasleen Royal and T Series, and DHC’s recent order in Master Arnesh Shaw v. Anything we are missing out on?

Registration 105

Registration Copyright Licensing Trademark 105

IP Watchdog

JUNE 17, 2022

Senate; the EGC rescinds a €1 billion fine imposed by EU regulators against Qualcomm for alleged abuses of market dominance in LTE chipsets; a former professor at the University of Arkansas receives a prison sentence for failing to disclose two dozen patent application filings in China; and the CCB officially begins accepting claims for copyright infringement (..)

Copyright 45

Copyright Copyright Infringement Patent Application Patent Infringement 45

The IPKat

AUGUST 16, 2023

Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. The trade mark infringement action succeeded in the Austrian Supreme Court, but not in the District Court of Hamburg. Here's what you missed.

Invention 52

Invention Inventor Branding Branding 52

SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). The matter was remitted by the Court for fresh consideration by a different Patent Controller.

Invention 80

Invention Trademark Designs Design 80

SpicyIP

SEPTEMBER 11, 2023

The court assessed the order and held that the same was passed on objections regarding product claims and the amendment will change the nature of the application but will remain within the scope of patent application. The court thus remanded the matter back to the patent office and directed to consider afresh.

Registration 105

Registration Trademark Copyright IP 105

SpicyIP

AUGUST 12, 2024

And The Covaxin Patent Saga Continues: BBIL Changes the Patent Application Again After the furor around the missing mention of ICMR in the Covaxin patent application, Bharat Biotech has made two important changes to their application, coincidentally before the Health Minister’s speech in Parliament.

Trademark 104

Trademark Personality Rights Registration Business 104

SpicyIP

AUGUST 4, 2024

Novex Communications Private Limited vs Siddhivinayak Hospitality on 29 July 2024 (Bombay High Court) Image from here An ad-interim relief was granted by the Court in a copyright infringement case instituted by the plaintiff. The plaintiff company owned the copyright of several films and these were not licensed to any party.

Social Media 105

Social Media Trademark Licensing Music 105

SpicyIP

DECEMBER 12, 2022

Copyright infringement claims in Kantara Vaha Roopam case dismissed. Mariah Carey’s ‘All I Want For Christmas’ accused of copyright infringement. UK Judge delivers order on copyright infringement in ‘Lara: The Untold Love Story That Inspired Doctor Zhivago’ case. Other Development.

Copyright Infringement 105

Copyright Infringement Registration Settlement Trademark 105

SpicyIP

MARCH 6, 2023

Sapna Nangia vs The Assistant Controller Of Patents and Designs on 22 February, 2023 (Delhi High Court) The appellant approached the court against the impugned order by the respondent rejecting its patent application without considering its submissions.

Design 116

Design Designs Music IP 116

The IPKat

FEBRUARY 6, 2022

The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws. PatentlyO posted on the US Utility Patent Applications Allowance Rate followed by a quick analysis of the results.

Blogging 61

Blogging IP Designs Design 61

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Obviously, these examiners also need to be given adequate time to scrutinize the ever-increasing number of new patent applications per year thoroughly.

Blogging 69

Blogging Law IP Copyright 69

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. Other D evelopments Image from here Supreme Court disposes petition on copyright issues arising out of live streaming court proceedings. Please let us know so we can include them!

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Intepat

DECEMBER 26, 2023

Patent Search : Examiners utilize AI systems to detect existing inventions, classify inventions, and determine the novelty of new inventions. This aids in the efficient evaluation of patent applications.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

Intepat

OCTOBER 6, 2024

MYTH 2: A GOOD IDEA ALONE IS ENOUGH FOR PATENT FILING Patent applications are detailed and require information about different aspects of the invention; therefore, mere outlining of the idea, no matter how good it is, cannot be patented without explaining the workings and the practical aspects of that idea.

Patent 52

Patent Invention Public Domain Intellectual Property 52

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

Litigation 143

Litigation Copying Copyright Designs 143

LexBlog IP

JANUARY 6, 2023

6 for filing the most patent applications on behalf of those companies. Harness IP’s attorneys and IP professionals focus exclusively on patents, trademarks, global IP management, litigation and other IP rights. Bloomberg Law’s look-ahead was published December 30 and can be found here. The firm also ranks No.

IP 40

IP Law Intellectual Property Intellectual Property Law 40

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

SpicyIP

MAY 6, 2024

Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. UPL Limited vs The Controller Of Patents Designs And Trademarks on 30 April, 2024 (Calcutta High Court) Image from here The present dispute is an appeal challenging the order of Joint Controller, dated July 31, 2023, refusing patent application of the appellant.

Trademark 59

Trademark Invention Licensing Patent 59

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

Trademark 105

Trademark Patent Copyright Designs 105

SpicyIP

DECEMBER 5, 2022

Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts. We discussed the recent orders from Delhi and Madras High Court regarding restoration of ‘deemed abandoned’ patent applications. Samsung, Huawei, LG lead metaverse patent race. Image from here. Never Gonna Give You Up?

Trademark 105

Trademark Registering Trademarks Registration IP 105

SpicyIP

JULY 22, 2024

Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office Recently, the MHC came down heavily on the Indian Patent Office in Ulm University v. Controller of Patents for its non-speaking order rejecting a patent application.

Registering Trademarks 97

Registering Trademarks Licensing Trademark Advertising 97

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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

JULY 23, 2023

on 20 July, 2023 (Delhi High Court) Aggrieved by the Controller’s order rejecting the petitioner’s National Phase application, the petitioner filed a writ seeking a declaration that amendment to Rule 138, which took away the power to extend the time to file an international patent application by one month, is ultra vires.

Trademark 98

Trademark IP Higher Education Moral Rights 98

SpicyIP

AUGUST 14, 2023

Case: Dow Agrosciences LLC vs The Controller of Patents on 7 August 2023 (Delhi High Court) The petitioner filed an appeal against the impugned order rejecting its patent application for Stabilized Agricultural Oil Dispersions. There were various reasons for refusing the application including lack of inventive step.

Trademark 98

Trademark Registration Art Reporting 98

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.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

NOVEMBER 13, 2023

vs Mohalla Tech Private Limited on 1 November, 2023 (Delhi High Court) Image from here In a copyright infringement dispute, the plaintiff sought an interim injunction against the defendant for allegedly continuing to offer its copyrighted recordings on their platforms ShareChat and MojApp post-license expiration.

Trademark 59

Trademark IP Copyright Registration 59