The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

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Intellectual Property Law Blog

JULY 25, 2023

Within hours after the meeting, Berardi built his own prototype and three months later filed a patent application, which was granted as one of the six patents. The other five patents involve subject matter related to the first patent. Tristar counterclaimed to correct the inventorship of the six patents.

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IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

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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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The IPKat

NOVEMBER 13, 2024

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.

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Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. This commentary presents some of our findings. Before turning to some illustrations, we note that the Compendium of U.S.

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Design Designs Copyright Design Patent 75

SpicyIP

MAY 10, 2023

Recently, the Delhi High Court IPD released its Annual Report 2022-23 on the World IP Day 2023 (April 26, 2023) highlighting the experiences of the present and past judges of the IPD and the work done so far by the IPD. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Rosemount Inc. Grupo Petrotemex v.

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Patent Trademark Blog

APRIL 26, 2022

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.

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Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Design Designs Patent Application Intellectual Property 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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Patently-O

FEBRUARY 12, 2024

patents and patent applications. 2022), where the Federal Circuit held that the term “individuals” in the Patent Act refers only to human beings barring. Consequently, an AI system cannot be named as the inventor on a patent application, even if it was instrumental in developing the claimed invention.

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Patently-O

JULY 19, 2021

Lawrence Ausubel is a Professor of Economics at Maryland and has published dozens of articles on efficient auction design and holds several patents. His pending patent application claims a computer-implemented system for allowing smaller-quantity intra-round bidding during a “clock auction.”

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Selvam & Selvam Blog

JULY 26, 2023

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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Patent Application Reporting Patent Intellectual Property 52

SpicyIP

JULY 31, 2023

Gaurangi writes on the recent DPIIT public notice restraining Copyright Societies from violating Section 52(1)(za), remarking how it falls short in clarifying the present situation and may be susceptible to further litigation. The suit design was a “Handi” shaped pressure cooker registered in favor of the plaintiff. Hollow Victory?

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Design Designs Invention Intellectual Property 98

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. A “physical product” is still needed to file an application. Overview of current legislation in China.

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Design Patent Design Designs Patent 57

SpicyIP

OCTOBER 19, 2024

Assistant Controller of Patents & Designs , the court set aside the rejection of Kymab Limited’s patent application by the Assistant Controller. The title of the patent application itself seems to indicate that this method is for ‘therapeutic purposes and diagnosis.’

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SpicyIP

MARCH 6, 2023

on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device. The present order concerns the appeal filed against the order of the trial court in the infringement suit.

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IIPRD

JANUARY 7, 2025

When the present intellectual property system was developed, innovation was more sluggish and concentrated on human creativity. If such products were created by a human inventor, they could be eligible for patent protection. A human inventor serves as the central figure in the design of the patent system.

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IP Intellectual Property Invention Inventor 85

SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Please let us know so we can include them!

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SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co.,

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SpicyIP

JUNE 25, 2024

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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SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

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Patent Application Design Designs Invention 64

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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Patent Application Invention Design Designs 69

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no.

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Invention Patent Patent Application Government 109

Selvam & Selvam Blog

NOVEMBER 5, 2022

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

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The IP Law Blog

JANUARY 27, 2022

Therefore, a computer algorithm is used to determine the optimal coefficients for a particular oximeter design. During an internal presentation, Dr. Lamego presented two different variations of the TSS algorithm.

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Patently-O

APRIL 25, 2023

This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor. In this case, researchers patented a genus of monoclonal antibodies, but the antibodies’ amino acid sequences were not designed by humans.

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Invention Inventor Patent Intellectual Property 126

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

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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

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Image from here. Silvermaple Healthcare Services Pvt.

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SpicyIP

FEBRUARY 19, 2024

The High Court held that this was an abuse of court’s process and allowed the Plaintiff to present an appropriate application before the Commercial Court setting out the grievances against the Defendant. The Court, on the aforementioned grounds, ordered the controller to reconsider the Patent application expeditiously.

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SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

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The IPKat

JANUARY 31, 2023

The Board of Appeal also noted the difference in facts with the present case and that of T007/07. Clinical trial summaries, investor reports, and company announcements must all be reviewed and scrutinised to ensure there is no accidental disclosure of sensitive information before a patent application has been filed.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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SpicyIP

SEPTEMBER 11, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled! The court thus remanded the matter back to the patent office and directed to consider afresh.

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