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Diplomatic Conference to Conclude and Adopt a DesignLaw Treaty – Plenary Sessions. Kartikeya is a second-year law student in the LL.B. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches.
In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. student at National Law School of India University, Bengaluru.
Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patentapplication to protect the design.
In our new paper, The Truth About DesignPatents , we debunk three widely held—but incorrect—views about U.S. designpatents. Taken together, these myths paint a grim picture of designpatents: Half of all designpatentapplications are rejected. Acquiring DesignPatents.
Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patentapplications and performing invalidity and infringement analysis.
Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. On September 22, 2022, the U.S. In In re Appl.
In a recent CIPA webinar, Alexander Klenner-Bajaja of the EPO explained how the EPO leverages AI tools to support examiners, increasing productivity and improving the quality of patent searches. We learnt that at the core of the EPO’s AI integration are several specialised tools designed to streamline the search process.
According to Article 27 of the Chinese PatentLaw, where a patentapplication for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. By: Linda Liu & Partners
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for designpatentapplications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.
One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice. 10] 2.2.
Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patentapplications and performing invalidity and infringement analysis.
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.
GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of designpatents.
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of designpatents. Rejecting the argument that KSR did not implicate designpatent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.
The Federal Circuit's decision discarding long-standing tests for proving that a designpatent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more designpatentapplications being turned down.
Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patentapplication filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. The above patentapplication was filed in 2011.
Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of designpatentapplications related to computer-generated electronic images.
2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National PatentApplication Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National PatentApplication Drafting Competition ! About the National PatentApplication Drafting Competition.
recent circular on procurement of drugs, non-obviousness test under the patentslaw, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. The Show Must Go On?
While this Kat was inquiring about the role of alternative designs in examination of Art. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). The case goes as follows. 8(1) Regulation 6/2002.
The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for designpatentapplications to only analogous fields may make it easier for applicants to obtain designpatents and more difficult for challengers to invalidate them.
Sabeeh has previously interned with us and is a recent law graduate from AMU, Aligarh. Madras HC Remands PatentApplication Back to IPO for Reconsideration By Md. The HC has reasoned that the Patent Office has not examined the “technical advance” as asserted by the Appellant. Sabeeh Ahmad.
Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a designpatentapplication, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”. “The more you know, the less you need.” ?
7, 2024) - Designing functional features on a device will not make you an inventor for designpatents on the device! CV 22-1377, 2024 WL 4436629 (D. The District of Delaware (“the court”) recently held that Apple Inc.’s The District of Delaware (“the court”) recently held that Apple Inc.’s By: Irwin IP LLP
Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. On September 22, 2022, the U.S. In In re Appl.
We invite you to participate in the tryouts for the annual PatentApplication Drafting Competition (PADC)! About the Patent Drafting Competition. The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .
Designpatents and utility patents are two different things. Designpatents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,
This is a reminder that submissions to try out for the annual National PatentApplication Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patentapplications will be due on January 16, 2022.
Suhani is a third-year law student at NLSIU who loves to write on IP and tech issues. The Controller had rejected a patentapplication by Arcturus Therapeutics for the applicants inability to file its second written submission on time. Her previous posts can be accessed here. The Saga of Unreasoned Orders Continues.
Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patentapplication exam stipulates a 48-month period from the date of priority or filing of patentapplication within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.
The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining designpatent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery
The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter.
Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of designpatents in LKQ Corporation, Keystone Automotive Industries, Inc. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of designpatentapplications.
As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese PatentLaw came into effect, allowing partial claiming in designpatentapplications.
In each of these jurisdictions, the question was whether the relevant patentlaws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patentapplication. This leads back to how South Africa’s patentlaws intends inventors to be named in the filing of patentapplications.
Moral jeopardy of s tem cell technologies The patentapplication at issue in T 1553/22 related to methods for producing human-pig chimeras designed to generate humanised blood vessels and blood cells for therapeutic applications ( EP16759528.9 , Regents of the University of Minnesota).
The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.
So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right. As such, in terms of predictions for the coming year, the commencement of consultations on changes to the UK patent system in light of AI feels like a safe bet.
Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings. However, non appearance alone could not be regarded as abandonment of the application. Her previous post can be accessed here. The Court in the present case relied on Merck Serono v.
This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser designpatent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patentapplicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)
Sukarm is an undergraduate law student at NLSIU, Bangalore. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patentlaw jurisprudence, with an ever ping-ponging legal position. Microsoft v.
These already exist, but Crunch has designed a new model that includes a handle (for stability) and also a touchscreen control that can be used to stream audio/video instructions. Crunch recently filed a utility patentapplication (February 2021) with the USPTO seeking to patent the following two claims: 1.
by Dennis Crouch The following is my patentlaw exam from this past semester. EL’s design also includes the idea of different elastic strengths. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope.
Anshuman is a third year law student at National Law University, Odisha. He shares a keen interest in Patent related issues and wishes to discover more in the field of IP. Over the course of this post I will write out my observations as a law student, on the proceedings of the three sessions that I attended virtually.
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