Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1).

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

LexBlog IP

NOVEMBER 7, 2021

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

Patent 40

Patent Invention Patent Application Public Use 40

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. That said, it would be interesting to understand the extent to which financial constraints dictated the kind of data that researchers use.

Social Media 40

Social Media Law Journalism Copyright 40

43(B)log

JULY 1, 2022

Pennsylvania right of publicity: Pennsylvania protects the name or likeness of any natural person that has commercial value and is used for any commercial or advertising purpose without written consent. This includes product disparagement, tortious interference with contractual interests and improper use of trade secrets.

Advertising 59

Advertising Advertising False Advertising Public Use 59

The TTABlog

NOVEMBER 28, 2022

The CAFC explained that an entity that is the source of a varietal may use a particular term as a trademark for its specific varietal, but it must be clear that there is also a generic name for the varietal. This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e.,

Trademark 52

Trademark Registration Designs Design 52

Larson & Larson

FEBRUARY 13, 2021

It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office. Exceptions.

Art 52

Art Patent Invention Patent Application 52

IPilogue

FEBRUARY 8, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. This is known as common law protection, which offers a limited scope of protection compared to a registered mark.

Trademark 105

Trademark Registration Registering Trademarks Brands 105

IP and Legal Filings

NOVEMBER 11, 2024

This is a landmark decision in the Indian intellectual property law regime as it sets a precedent for safeguarding established trademarks in India. Let us look into the said case i.e. Haldiram India Pvt. The name Haldiram has become synonymous with the aforementioned logo designs. vs. Berachah Sales Corporation and Ors.,

Trademark 88

Trademark Brands Branding Branding 88

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. But the citizen petition wasn’t excepted commercial speech.

Designs 56

Designs Design Patent Prosecution Art 56

Biswajit Sarkar Copyright Blog

JULY 19, 2022

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content. Document your own work.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The invention must have been developed and used in good faith.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

The TTABlog

AUGUST 1, 2023

Genericness: The Board found that the word “sneaker(s)” is generic for retail services featuring sneakers because it is a term that the relevant public uses or understands to refer to a key aspect or subcategory of the genus, which Nike did dispute. The refusal to register SNKRS and Design in Application Serial No. Serial Nos.

Designs 40

Designs Design Public Use Advertising 40

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech.

Trademark Law 72

Trademark Law Trademark Art Brands 72

Intepat

JANUARY 17, 2023

It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. The title, description, drawings, abstract and claims filed with regard to International Applications designating India would be taken as the complete specification. Conclusion.

Invention 52

Invention Patent Public Domain Inventor 52

IP Whiteboard

AUGUST 30, 2020

communicate the work to the public. Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. an exception permitting the use does not apply. Does copyright exist in tattoos?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. Typically, “drugs” and “biologics” are subject to different laws and regulations. Introduction. Federal Legislation.

Settlement 52

Settlement Litigation Marketing Marketing 52

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

43(B)log

JANUARY 31, 2025

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. Inadequacy of TM law: visual depletion and congestion; difficulty handling visual similarity in confusion analysis; difficulty handling visual distinctiveness in the sense of source identification.

Brands 52

Brands Branding Branding Designs 52

LexBlog IP

JANUARY 10, 2024

It is strange because that would mean that the unpublished portions would also be government works available for public use. The moving, response, and reply papers were all filed in the same December 6-7, 2023 time frame by lawyers for Woodward and the former President, respectively. What did those papers say? ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52