IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. About the Patent Drafting Competition.

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Patent Application Patent Drafting Patent Invention 78

IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022. Please note that only 2L and 3L students may participate.

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Patent Application Patent Drafting Patent Invention 81

Patent Trademark Blog

OCTOBER 15, 2024

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. For creators of genuinely innovative products, it may seem unfair that they cannot stop copycats unless and until their patents are granted. Focus on the patent number.

Patent Application 52

Patent Application Patent Design Patent Publishing 52

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. Kartikeya is a second-year law student in the LL.B. Article 3.2

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Designs Design Law Intellectual Property 59

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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Inventor Patent Application Patent Invention 79

Intepat

MARCH 16, 2021

Under the WIPO-INDIA Cooperation agreement, Indian Patent Office (IPO) started the WIPO Digital Access Services (DAS) with effect from 31st January, 2018 for priority documents submitted by the applicants from participating Patent offices. ies of priority documents. Documents exchanged through secure channels.

Copying 52

Copying Intellectual Property Patent Application IP 52

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.

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Art Branding Brands Branding 124

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. In some cases, it may make sense to file both design and utility patent applications.

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Patent Application Patent Invention Design 52

Olartemoure Blog

JULY 8, 2022

07/08/22 – Patents. USPTO’s Public Patent Application Information Retrieval (Public PAIR) tool, available since the early 2000’s will be official retired on 31 July.

Intellectual Property 105

Intellectual Property Privacy Patent Application Government 105

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. Delhi High Court allows for placing additional documents on record before framing the issues. 7 of the plaintiff’s registered design of urination device. & Ors.,

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Designs Design Cease and Desist Art 105

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

Patent Application 53

Patent Application Editing Patent Design Patent 53

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

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Invention Patent Patent Application Government 109

SpicyIP

OCTOBER 21, 2024

Other Posts Labrats, Patents, and Section 3(i): Madras High Court Grants Patent for Antibody Production in Genetically Modified Non-human Animals Recently, the Madras High Court delivered a noteworthy ruling in Kymab Limited v.

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Cease and Desist Trademark Registering Trademarks Settlement 105

Intellectual Property Law Blog

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

Inventor 130

Inventor Designs Design Invention 130

Patent Trademark Blog

FEBRUARY 22, 2022

What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant.

Patent Application 52

Patent Application Cease and Desist Patent Patent Infringement 52

SpicyIP

OCTOBER 19, 2024

Assistant Controller of Patents & Designs , the court set aside the rejection of Kymab Limited’s patent application by the Assistant Controller. The title of the patent application itself seems to indicate that this method is for ‘therapeutic purposes and diagnosis.’

Patent 105

Patent Patent Application Invention Design 105

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

Invention 111

Invention Art Design Designs 111

SpicyIP

JULY 31, 2023

C ase Summaries Delhi High Court reiterates that functional designs are not per se ineligible for registration and can be registered if they possess any aesthetic appeal Case : Ttk Prestige Ltd. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant.

Design 98

Design Designs Invention Intellectual Property 98

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. Rosemount Inc.

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Trademark Invention Patent Art 126

Patently-O

APRIL 30, 2024

Although documents are widely available today via our vast network of digital communications, there is also increasing junk in the system — documents making unsubstantiated claims that are effectively science fiction. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U. .”

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Art Invention Patent Application Publishing 111

Patently-O

FEBRUARY 12, 2024

patents and patent applications. 2022), where the Federal Circuit held that the term “individuals” in the Patent Act refers only to human beings barring. Consequently, an AI system cannot be named as the inventor on a patent application, even if it was instrumental in developing the claimed invention.

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Inventor Invention Patent Application Design 120

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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Patent Inventor Invention Intellectual Property 105

SpicyIP

JUNE 17, 2023

He shares a keen interest in Patent related issues and wishes to discover more in the field of IP. In part I, Anshuman discusses the ‘Open House’ sessions on Patents (June 7) and Designs, GI and Copyright (June 9) and part II of his post will discuss the session on Trademark (June 12) along with his takeaways. N R Meena (Sr.

Law 105

Law Designs Design Reporting 105

SpicyIP

MARCH 6, 2023

The court held that the appellant has not produced any documents in support of its claim regarding the impugned mark being a family mark and relying on Wander v. The respondent is the proprietor of the above mark and instituted the suit against the appellant (who claims to be the respondent’s distant relatives) for using a similar mark.

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Design Designs Music IP 116

Patently-O

APRIL 25, 2023

This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor. In this case, researchers patented a genus of monoclonal antibodies, but the antibodies’ amino acid sequences were not designed by humans.

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Invention Inventor Patent Intellectual Property 126

The IPKat

SEPTEMBER 15, 2021

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. Patent offices do not generally assess claims of inventorship. outside the competence of the EPO".

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Inventor Invention Patent Application Journalism 111

The IPKat

MAY 17, 2023

In the meantime, here's the update from the UK IPO: Today, the IPO has published a transformation document which sets out what patents customers can expect over the next 12 months, and details of upcoming changes to IPO’s services as part of the One IPO Transformation Programme.

Patent 67

Patent Patent Application Intellectual Property IP 67

SpicyIP

SEPTEMBER 29, 2024

(Over) Expanding the Circle: DHC Allows In-house Employees to Access Confidential Documents in InterDigital v. Oppo Recently, the DHC in InterDigital v Oppo set a rather intriguing precedent by allowing access to in-house employees to the confidentiality club documents. Biotyx Medical (Shenzhen) Co. Rohit Kumar Dhaka & Anr.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

SpicyIP

FEBRUARY 19, 2024

The High Court held that this was an abuse of court’s process and allowed the Plaintiff to present an appropriate application before the Commercial Court setting out the grievances against the Defendant. The Court, on the aforementioned grounds, ordered the controller to reconsider the Patent application expeditiously.

Invention 105

Invention Music Art Patent Application 105

Patently-O

AUGUST 30, 2021

.” Full Scope Written Description : The Patent Act requires that the specification include “a written description of the invention.” The specification needs to convey that the inventor had “possession” of the claimed invention as of the patent application’s filing date. 35 U.S.C. §

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Inventor Invention Patent Patent Application 132

Patently-O

SEPTEMBER 27, 2023

Attribution: How Authorship Credit Contributes to the Gender Gap , allocation of credit on public-facing legal documents is not equitable. When the senior-most legal team member signs documents on behalf of their legal team, they are erasing the names of associates from the record. As detailed in my study, Ms.

Patent Application 64

Patent Application Inventor Patent Law 64

SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. 8398/2024). 8398/2024).

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Advertising Advertising Reporting Design 111

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

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Business Patent Invention Design Patent 78

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. Novartis patent set aside on procedural grounds by Delhi High Court. Case: Kabushiki Kaisha Toshiba vs Asstt.

Design 105

Design Designs Invention Registration 105

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

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IP Intellectual Property Reporting Government 98

IP and Legal Filings

AUGUST 8, 2024

A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patent application is filed in India, that leads to the protection of the patent internationally.

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Patent Invention Inventor Patent Application 94

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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Art Invention Patent Application Marketing 104