Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct.

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IP Tech Blog

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent.

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LexBlog IP

SEPTEMBER 6, 2023

Upcoming Changes in Korean Patent Law for 2024 by John DeStefano Understanding the 2024 Korean Patent Law Amendments As champions of innovation and protectors of intellectual property, it is vital for us to stay informed about the most recent developments in patent law worldwide.

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

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The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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LexBlog IP

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent.

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Design Patent Designs Design Patent 52

The IPKat

JULY 3, 2024

Have you packed your SPF 70-guaranteed IP books? With summer in full swing in the Northern hemisphere, it might perhaps feel natural to long for things other than IP, but there is plenty of IP-related activity happening before and right after the hot months. For further information and to register, click here.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. This gradually evolves in the Venetian Patent Statute from 1474, deemed as the first known patent legislation.

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IP.com

JUNE 27, 2024

Over the last 2 years AI has been a dominant subject of Intellectual Property, Patent, and Copyright media space, especially as resolutions to cases regarding critical copyright issues and AI inventorship abilities conclude and set new standards for how AI can be used. Patent litigation can be expensive, with the average cost estimated at $3.5

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LexBlog IP

NOVEMBER 21, 2023

As outlined in our previous post , on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product?

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SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim.

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The IPKat

AUGUST 14, 2023

Anyone working in the field of IP law from developing countries particularly on the African continent understands the tension between IPRs and access to IP-protected materials based on human rights imperatives. But all is not lost for while the policy space has been severely reduced, it is not completely eroded.

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Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.

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The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. After successfully passing online and oral examinations, the participating patent attorneys will be awarded a certificate. Almost half of the course will be organised online.

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IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

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IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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Patently-O

OCTOBER 27, 2021

The Supreme Court has not granted a writ of certiorari in any patent cases this term, and has now denied certiorari in two dozen. Olaf Sööt Design, LLC v. The remaining four patent petitions are listed roughly in order of their likelihood of being granted certiorari (in my opinion). 21-406 (reverse payment patent settlement).

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Patent Law Law Patent Settlement 78

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

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Law IP Intellectual Property Intellectual Property Law 52

The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. IP Accidents offers another creative inquiry that goes to the heart of IP. What should be done?

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SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh.

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The IPKat

SEPTEMBER 21, 2022

While many Congress attendees from around the world lined up for the Unified Patent Court boot camp and mock trial panels, this Katfriend opted to sample the day’s selection of soft IP offerings. a of the Design Directive. a of the Design Directive. Quentin Tarantino et al.

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Patent Trademark Blog

JANUARY 12, 2023

How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?

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The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? We look forward to reading and reviewing more IP books in 2023! Thank you to readers who voted for the IPKat book of the year awards 2022!

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Daktronics, Inc.,

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. Another area that sees substantial changes is the design system.

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § 1] Likewise, design patents are not subject to attacks under 35 U.S.C. §

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Design Patent Art Designs Design 52

LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] Kara also supports the prosecution of Chinese design applications.

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The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024.

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