Patently-O

SEPTEMBER 6, 2022

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. 3730(e)(4)(A) (2010).

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Patent Law Law Patent Prosecution Patent 60

Patently-O

JANUARY 20, 2023

It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. They disclose useful technical information that can give readers a “stimulus” to perfect the invention and figure out how to make it work. Hugo Gernsback, The Perversity of Things , Grant Wythoff ed.

Patent Law 94

Patent Law Law Inventor Patent 94

LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. See Decision re Patent Application No.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

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. Who can file a patent application? Product patent- This law is important for providing safeguards to products.

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Patent Inventor Invention Intellectual Property 103

Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications).

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Art Invention Patent Application Publishing 109

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 123

LexBlog IP

AUGUST 14, 2023

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers.

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Reporting Cease and Desist Patent Intellectual Property 52

Patent Trademark Blog

JANUARY 12, 2023

As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled.

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Patent Patent Application Registration IP 98

SpicyIP

FEBRUARY 10, 2024

The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. The Controller of Patents and Designs in July which had rejected a patent application for being primarily a claim to business method. 3(k) of Patent Act with Art.

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Business Invention Privacy Patent Application 88

LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor.

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Inventor Patent Invention Patent Application 52

IP Intelligence

MARCH 31, 2022

The new combined petition option (and the original petition option) offers an easy path to expedite initial examination of a patent application under “special” status without incurring government fees or fulfilling other requirements under 37 CFR § 1.102. The Expanded CSP program is currently active through Oct.

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Intellectual Property Patent Application Patent IP 52

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

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Patent Application Patent Invention Patent Prosecution 52

SpicyIP

AUGUST 2, 2021

Third, he points out that the Report misses an opportunity to study urgent IP issues such as the ones concerning the COVID-19 pandemic in detail to facilitate informed debates. Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I and II. Fonts and Typefaces: Are they Copyrightable?

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Reporting Designs Design Copyright 116

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. hallucinations) affect its consideration as a prior art disclosure?

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Patent Art Invention Patent Law 60

LexBlog IP

DECEMBER 6, 2021

Trade Secrets for Discrete Information. Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”). Jump To: Trademark Protection for Branding.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Patently-O

APRIL 10, 2024

The notice is designed as a reminder to individuals involved in proceedings before the USPTO of that these pertinent rules and policies, and provides suggestions to mitigate the risks associated with AI use. The use of AI tools may result in the inadvertent disclosure of client-sensitive or confidential information to third parties.

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Patent Art Patent Application Confidentiality 44

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

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Patent Patent Application Government Designs 52

Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

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Patent Intellectual Property Invention Ownership 105

The IP Law Blog

AUGUST 11, 2022

With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. But questions still remain. For example, how will the U.S.

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Inventor Invention Patent Patent Application 96

The IPKat

JANUARY 16, 2022

In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed. For more information on the background to the initiative and EUIPO's call for proposals, click here. Should IP Protection be currently further enhanced?

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Intellectual Property Registration IP Copyright 78

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

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Intellectual Property Law Intellectual Property Law IP 52

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. Therefore, 4 committees were constituted by the Ministry of Electronics and Information Technology.

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IP Intellectual Property Reporting Government 98

Patently-O

APRIL 16, 2024

Vanda points out that Federal law requires the sponsor of a study to disclose the trial to the National Institutes of Health, which by law must promptly report information about the study publicly on ClinicalTrials.gov. In its brief, Vanda argues that: clinical trials are far from a sure thing – indeed, most drug trials fail.

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Art Patent Journalism Publishing 75

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc. For startups in the digital age, copyrights are particularly important in safeguarding software programs and applications.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

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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Trademark Registration Copyright Patent 59

Intepat

APRIL 19, 2023

In the finance industry, CRIs have enabled the development of new trading algorithms and financial models that can process vast amounts of data in real time, providing traders with valuable insights and helping them make more informed investment decisions. Controller of Patents & Rediff.com India Ltd. In the case of Yahoo!

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Invention Intellectual Property Patent Copyright 52

IP and Legal Filings

SEPTEMBER 13, 2022

There are other search methods for patentability as well, which cater to different applications and use cases, for example, You may do an invalidity search to see whether a certain patent is still valid, and an infringement searches to make sure you are not making use of an innovation that is protected by a patent owned by someone else.

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Patent Invention Inventor Technology 52

SpicyIP

OCTOBER 7, 2023

We highlighted the following problems, (i) Over-Declaration and Supra-FRAND rates by SEP holders, (ii) Patent Hold-Out by Implementers, (iii) Difficulties in setting Global FRAND rates by national courts, (iv) Informational imbalances between negotiating parties, and (v) lack of awareness about nuances of SEP/ FRAND.

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Licensing Technology Litigation Patent 105

Fish & Richardson Trademark & Copyright Thoughts

JUNE 21, 2022

Have a certification of micro entity status in the patent application that is the subject of the appeal. When the PTAB Bar Association receives an application from an inventor, it will enter the information into its database and contact its pool of volunteer attorneys to find those with experience in the inventor’s field of technology.

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Inventor Invention Technology Patent 52

LexBlog IP

AUGUST 11, 2022

With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. But questions still remain. For example, how will the U.S.

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Inventor Invention Patent Application Patent 52

Biswajit Sarkar Copyright Blog

DECEMBER 10, 2022

For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry.

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Patent Application Patent Invention Inventor 52

LexBlog IP

APRIL 10, 2023

Given the complexities involved in obtaining a patent, hiring a remote patent attorney can offer significant advantages. This resource can help you find a qualified patent practitioner, regardless of their location in the United States.

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Intellectual Property Intellectual Property Law Registration Trademark 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Individually, each has impressive backgrounds that include clerkships, military service, academic research, and industry experience that inform their practice, and collectively, they exemplify the creativity and expertise that affirms the future of Fish is indeed bright.”. in 2015 from the University of Houston Law Center, her Ph.D.

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Intellectual Property Journalism Intellectual Property Law Litigation 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]

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Intellectual Property Artistic Work Registration Copyright 52

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. ” OpenAI, ChatGPT General FAQ.

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Intellectual Property IP Inventor Copyright 52

The IP Law Blog

FEBRUARY 15, 2024

In the guidance, the USPTO explained that while AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person does not necessarily preclude a natural person from qualifying as an inventor if the natural person “significantly contributed to the claimed invention.”

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Invention Inventor Patent Patent Application 109

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98