LexBlog IP

JANUARY 5, 2022

So, believing that the state’s usurpation of his right to control use of the copyrighted work essentially took from the photographer a valuable property right, the photographer made a takings claim, seeking just compensation for the state’s alleged taking, essentially an assertion of eminent domain over the intellectual property.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

The IP Law Blog

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. A patent applicant is not entitled to a patent when the claimed invention was “in public use… more than one year prior to the date of the application for patent in the United States.”

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Public Use Patent Invention Confidentiality 98

Indiana Intellectual Property Law

JANUARY 12, 2024

On January 1, 2024, a significant shift in intellectual property rights occurred with the iconic American pop culture figure, Mickey Mouse, entering the public domain. This momentous occasion follows a prolonged journey shaped by numerous extensions and revisions of copyright laws.

Public Domain 52

Public Domain Intellectual Property Copyright Law Public Use 52

Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

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Licensing Invention Intellectual Property Marketing 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. To highlight the importance of upholding intellectual property rights in India, the Court awarded Rs.

Trademark 88

Trademark Brands Branding Branding 88

Intepat

OCTOBER 6, 2024

Additionally, intellectual property, including patents, copyrights, and trademarks, is governed by territorial laws, and enforcement varies by jurisdiction. Navigating the complexities of intellectual property law requires a thorough understanding of the rights, processes, and limitations involved.

Patent 52

Patent Invention Public Domain Intellectual Property 52

LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. § 101 rather than a plant patent under 35 U.S.C. §

Public Use 52

Public Use Patent Invention Confidentiality 52

Intellectual Property Brief

MARCH 23, 2023

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. Minerva Surgical Inc. filed a patent for a medical device called the Aurora. The Aurora is.

Public Use 52

Public Use Technology Marketing Marketing 52

LexBlog IP

FEBRUARY 21, 2023

9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § The Federal Circuit then pointed out that at the time of the public use, the technology was “ready for patenting.” § 102(b).

Invention 52

Invention Public Use Inventor Confidentiality 52

TorrentFreak

JULY 13, 2023

Concerns over a potential imbalance between the protection of intellectual property on one hand, and the protection of the internet ecosystem on the other, were entirely justified but always destined to be crowded out by competing interests.

Law 98

Law IP Social Media Business 98

LexBlog IP

FEBRUARY 14, 2023

A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. Moreover, protection under other forms of intellectual property could last far longer than a design patent.

Design Patent 52

Design Patent Design Designs Patent 52

IP Tech Blog

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 57

Invention Confidentiality Public Use Patent 57

LexBlog IP

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 52

Invention Confidentiality Inventor Public Use 52

The IPKat

OCTOBER 15, 2021

But what happens when the public being considered is fairly niche and, as such, smaller than those that would arise in your ‘everyday’ trade mark cases? Well, such a case arose before the Intellectual Property Enterprise Court (IPEC) recently, in one of the most unique contexts to date.

Business 84

Business Social Media Registration Intellectual Property 84

LexBlog IP

OCTOBER 3, 2022

The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. Patent rights under federally funded research.

Contracts 52

Contracts Invention Licensing Government 52

IP and Legal Filings

JANUARY 9, 2025

.” This blog will explain causes as well as consequences of trademark abandonment, and will provide insights into how corporations can keep their trademarks effectively to prevent the loss of this valuable intellectual property. What is meant by trademark abandonment, then?

Trademark 52

Trademark Cease and Desist Brands Branding 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 means that this name has become the name the public uses broadly to identify the goods or services and no longer identifies the brand.

Trademark 105

Trademark Registration Registering Trademarks Brands 105

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. Implications for Patent/Trademark Prosecutors and Holders The U.S.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

LexBlog IP

FEBRUARY 7, 2024

against a news publication using the term “Punchbowl,” even though the publication was an expressive work. The Ninth Circuit, relying on Jack Daniel’s, also recently refused to apply Rogers and revived a trademark infringement suit brought by Punchbowl, Inc. Read more

Trademark 52

Trademark Public Use Design Designs 52

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

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

SEPTEMBER 27, 2023

If a trademark registration in a member country is the object of a cancellation action for lack of use, the owner may defend the registration by evidencing sufficient, continuous, and public use of the trademark in any of the countries of the Andean Community.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 27, 2023

If a trademark registration in a member country is the object of a cancellation action for lack of use, the owner may defend the registration by evidencing sufficient, continuous, and public use of the trademark in any of the countries of the Andean Community.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

APRIL 19, 2023

Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

Trademark 52

Trademark Registration Marketing Marketing 52

SpicyIP

AUGUST 15, 2021

Anticipation by Prior Publication and Lack of Novelty. The defendant argued that CTPR was disclosed and published in US’424, US’357 and EP’508 patents which are Markush type patents and have priority dates even prior to IN’978.

Invention 52

Invention Patent Publishing Patent Infringement 52

Trading Secrets

OCTOBER 28, 2024

And the Plaintiffs will be required to answer questions as to when and how it became aware of certain facts, why it failed to take action sooner, despite Gandalls public use of this information even during his Trilobio employment ( cf. Of course, this case is now headed for expedited discovery. 15-15 at 6 (Sun Decl.,

Confidentiality 40

Confidentiality Technology Public Use Business 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021. 8] Louise C.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

JANUARY 5, 2024

Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.

Invention 69

Invention Government Intellectual Property IP 69

LexBlog IP

OCTOBER 25, 2022

How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( g., “on sale” or prior public use)?

Invention 40

Invention Patent Prosecution Art Patent 40

43(B)log

AUGUST 12, 2022

The Macroeconomics of Intellectual Property Eric E Johnson Most of us think about microeconomics with L&E: supply and demand curve, allocating production/consumption. Are the higher pleasures infinitely superior and always trump any quantity of lower? Or are they a lot better? Or are they just different?

IP 72

IP Public Domain Music Copyright 72

LexBlog IP

JANUARY 10, 2024

But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that may interest more than just IP attorneys), and titles a bit of fun (so we can draw in those looking for a bit of lightness amid more serious legal analysis). ’” Id.

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Ownership Copyright Government Intellectual Property 52