IP and Legal Filings

DECEMBER 1, 2021

Here is how an invention is defined in the Patent Act 1970: Section 2(1)(j) “invention” means a new product or process involving an inventive step and capable of industrial application; Section 2(1)(ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having (..)

Invention 97

Invention Patent Art Public Domain 97

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].

Art 52

Art Invention Public Domain Publishing 52

LexBlog IP

AUGUST 22, 2022

Chester and MEA filed a related patent application, which was approved in part. Second, the Seventh Circuit held that even if REXA had identified a trade secret, REXA had not established that defendants misappropriated trade secrets when MEA filed its patent application or developed the Hawk actuator. ” Id.

Patent Application 52

Patent Application Public Domain Design Designs 52

IP and Legal Filings

AUGUST 8, 2024

A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patent application is filed in India, that leads to the protection of the patent internationally.

Patent 94

Patent Invention Inventor Patent Application 94

IP and Legal Filings

JUNE 15, 2023

Even a WIPO guide on recording traditional knowledge talks about empowering communities to write their own traditional knowledge, and provide limited access to the recorded documents in order to preserve secret traditional knowledge. For example, in case of an herb used for healing, patent application will focus on the benefit of the herb.

Ownership 98

Ownership Privacy Public Domain Copyright 98

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

When the invention is new, it will not have been anticipated by any published document in the world. Therefore, in a search for novelty, the examiner conducts a search in all the previous publications and prior claims relating to the subject matter of the invention.

Patent 52

Patent Invention Public Domain Patent Law 52

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Not re-examining the re-fled application. Please let us know so we can include them! Case: M/s Mahavir PVC Cables Factory v.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Intepat

FEBRUARY 13, 2021

Prior art generally comes in the form of evidence, proving that your invention was already publicly available before the date on which you filed a patent application. It is always recommended to conduct a prior art search to avoid submitting patent applications with unpatentable claims and will be quickly rejected.

Art 52

Art Invention Due Diligence Patent Application 52

The IPKat

MAY 12, 2024

The UPCKat trying to keep confidential information confidential in the UPC As part of our UPCKat reporting on the latest UPC developments, the IPKat brings readers a roundup of how the UPC is treating confidentiality and third party access to court documents. Timing Rule 262A.3

Confidentiality 62

Confidentiality Art Patent Patent Application 62

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP Intelligence

JULY 19, 2024

Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO. Patent claims, for example, require that all claims have a significant contribution by a human inventor.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

Intepat

MAY 22, 2023

There is a trend among inventors to claim a patent at the time of ideation itself, while at the same time people also try to apply for a patent after bringing an invention to the public domain. It is important to understand the best time to claim Patents for their inventions. What is an invention disclosure?

Inventor 52

Inventor Invention Patent Patent Application 52

IP and Legal Filings

JUNE 27, 2022

After this, comes the subject matter requisites for a patent, which are: Novelty: Being novel means it should not form a part of the prior art, which means any literature present in the public domain. Section 2(1)(l) determines non-anticipation of any publication in any document in public domain.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

Intepat

JANUARY 17, 2023

It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. The form stipulates certain fields be populated.

Invention 52

Invention Patent Public Domain Inventor 52

Kluwer Copyright Blog

DECEMBER 1, 2021

Keeping in mind the economic rationale that research using AI could be discouraged, as inventions could potentially fall short of patent protection, the UKIPO is looking at the following legislative options: Option 0: no legal change. Option 2: recognising AI as an inventor in patent applications.

IP 67

IP Inventor Invention Intellectual Property 67

IIPRD

MAY 4, 2023

The fundamental patentability criteria are universal namely: novelty, inventive step, non-obviousness and industrial applicability. Inventions must also not fall within the scope of non-patentable subject matter according to law.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

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.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

SEPTEMBER 13, 2022

Hence, the software has to be a new invention to be patentable.

Patent 52

Patent Invention Inventor Technology 52

IIPRD

JUNE 6, 2022

In order to combat alleged abuses such as biopiracy, several communities have built traditional knowledge databases to document their traditional knowledge as prior art. Patent protection is provided for procedures related to the exercise and usage of such assets, as well as for indigenous techniques that meet the same standards.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

IP and Legal Filings

SEPTEMBER 8, 2021

The Industrial and Commercial Bank of China’s blockchain patent application, which included a system used to improve the efficiency of certificate issuance and save users from repetitively filing the same document on multiple platforms, was one of the first known blockchain patent applications.

Intellectual Property 89

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 89

Barry Sookman

MAY 4, 2020

This further called into question whether an assignment document satisfied the requirements of the applicable law and the ability of the assignee to even file the application. ”‘ The petitioner also advanced policy considerations to support the position that a patent application can name a machine as an inventor.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52