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Magic Language in Patent Applications

Patently-O

First, the search result items are matched with related advertisements, and the search result items that have matched advertisements are designated in some way. However, at this initial step, the claim does not identify how the matching or designation occurs. You know, the present invention is in accordance with this invention.

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USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

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 design patents.

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Missed Hearings Do Not Equal Abandonment: Star Scientific Limited v. The Controller Of Patents And Design

SpicyIP

The Court clarified that the Controller should have considered the evidence on the record and that non appearance of the applicant in the hearing will not deem the application as abandoned, unless it was clear from the party’s explicit actions. Can Non Appearance be Regarded as Abandonment of the Application?

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Some Thoughts on the Bombay High Court Order in Pidilite v. Astral Design Infringement Case

SpicyIP

Astral Design Infringement Case By Aarav Gupta The High Court of Bombay issued an ad-interim injunction in the design infringement complaint filed by Pidilite Industries Limited (“Pidilite”) against Astral Limited, on the 13th of June, 2024. How are Competing Designs Assessed?

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Restoring Patent Applications: Indian Courts’ Stance on missing of deadlines to request examination or respond to examination reports

Selvam & Selvam Blog

As patent attorneys, adhering to deadlines is pivotal for the success of a patent application. In India, two critical deadlines to bear in mind while prosecuting patent applications are those for filing a request for examination and responding to the first examination report. vs. Union of India & Anr.,

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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

Intellectual Property Law Blog

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. Principle No.

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Can you file a design patent to protect from infringement?

Patent Trademark Blog

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.