IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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Designs Design Patent Patent Application 103

SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. The document reviewed certain clinical trial records related to the vaccine’s development.

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Patent Application Inventor Patent Intellectual Property 64

Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

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SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v.

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Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Patent Law Law Inventor Patent 96

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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Patently-O

APRIL 30, 2024

Although documents are widely available today via our vast network of digital communications, there is also increasing junk in the system — documents making unsubstantiated claims that are effectively science fiction. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U.

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Art Invention Patent Application Publishing 111

SpicyIP

JANUARY 18, 2023

A team from the Centre for Intellectual Property, Innovation and Technology at Hidayatullah National Law University recently released a monograph titled ‘A Study of Patent Opposition System’, available here (PDF). The main monograph forms the first 32 pages of the 180-page document. of the total published applications. ’.

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Patent Application Reporting Public Domain Patent 141

Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 128

More Than Your Mark

JULY 2, 2021

The decision saw the Supreme Court apply a “non-contradiction” rule to assignor estoppel issues, which requires one to determine whether the inventor truly gave up the ability to challenge the validity of the patent in question in the assignment document. Contact Norris McLaughlin about Patent Protections.

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Inventor Patent Patent Application Blogging 94

SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. Article 3.2

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Designs Design Law Intellectual Property 59

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims. Vennootschap (Sr.

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Trademark Patent Copyright Patent Application 59

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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Licensing Patent Application Patent Prosecution Invention 67

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.

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Inventor Patent Application Invention Intellectual Property 105

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Designs Design Patent 134

Patently-O

OCTOBER 16, 2023

The decision casts doubt on the viability of pending continuation applications over a long period, even absent any evident applicant delay — especially in situations where new claims are drafted in response to emerging technologies or market demands. The result was the potential of greatly increasing the effective patent term.

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Patent Patent Prosecution Invention Inventor 126

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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Patent Inventor Invention Intellectual Property 105

IP and Legal Filings

OCTOBER 26, 2021

Traditional medicinal knowledge can be defined as the knowledge, skills, and practices that are based on theories, documentations, and beliefs that are used for the prevention, diagnosis, or treatment of physical ailments by indigenous communities. Subsequently, CSIR requested the USPTO to re-examine the patent application.

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Intellectual Property Journalism IP Invention 98

The IP Law Blog

JUNE 22, 2023

These patents share the same specification that “discloses two preferred embodiments: a voice-based web browser system and a voice-activated device controller.” The challenged patents are continuations of and claim priority to a patent application filed on February 4, 2000, and published as U.S. Patent Appl.

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Art Patent Patent Application Invention 98

LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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Licensing Patent Application Patent Prosecution Invention 52

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

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IP Intellectual Property Reporting Government 98

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).

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Patent Invention Public Domain Patent Law 52

Selvam & Selvam Blog

APRIL 1, 2025

Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian Patent Application No. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability. In response, the applicant submitted detailed responses and attended multiple hearings. 201944047460.

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Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

As stated in the previous blog on Patentability in India, Novelty is one of the essential criteria required for a patent to be granted in India. Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. a) Prior Publication [Section 29(1), the Act].

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The IPKat

JUNE 13, 2024

However, in this Kat's view, using the amount of "similarity" between the claims and the prior art as a test for inventive step would constitute a vast oversimplification of patent law, lacking any correspondence with the established legal concepts of novelty and inventive step.

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Journalism Invention Art Patent 63

Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #4: Even if I publicly disclose my invention, I can still get a patent application filed by the 12-month mark from the disclosure, without any repercussions.

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Patent Invention Patent Application Intellectual Property 52

The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

MARCH 6, 2023

The court held that the appellant has not produced any documents in support of its claim regarding the impugned mark being a family mark and relying on Wander v. Last date to apply for Trademark and Patent Agent extended till 15 th March, 2023. Centre planning to reform patent laws, seeks suggestions from industry and stake holders.

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Patently-O

NOVEMBER 17, 2023

But, in patent law we also observe the legal fiction that filing a patent application describing the invention in sufficient detail to enable a person skilled in the art to make and use it will also qualify (constructive reduction to practice). We’ve got 14,000 word count limit that’s being blown through.

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The IPKat

SEPTEMBER 23, 2021

Legal Background: Duty of disclosure and inequitable conduct Patent applicants and attorneys prosecuting patent applications at the USPTO have a duty to disclose information that is material to the patentability of the intention ( 37 C.F.R. As such, the patent application indicated, a formulation of pH of 2.8-3.3

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Patent Prosecution Patent Patent Application Art 58

Patently-O

APRIL 10, 2024

” In the context of patent applications, the notice provides specific examples of how the duty of disclosure may be implicated when using AI tools. The USPTO’s guidance document raises a different concern – that the agency will be bombarded with too many references for an examiner to individually review.

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Patently-O

NOVEMBER 22, 2023

MPF claims are a particular type of claim in patent law that allows an inventor to claim an invention based on the function that it performs, rather than the specific structure or materials used. But, for now at least, the miracle resurgence of MPF remains elusive.

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Invention Patent Application Technology Patent 64

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application. What is an invention disclosure?

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Inventor Invention Patent Patent Application 52

The IP Law Blog

JULY 20, 2023

Omega had asked Buergofol to identify every item of prior art and to produce all documents and things that could qualify as prior art to either of the two patents in suit. Omega moved to compel Buergofol to respond to discovery related to prior art and for attorneys’ fees.

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