The IPKat

MARCH 7, 2022

Furthermore, the primary inventive contribution of the patent was the disclosure of ezetimibe, and not its combined use with simvastatin. The most recent case law from the CJEU on the interpretation of Article 3(a) was provided in Royalty Pharma (C-650/17).

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The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. Laura Ford examines the historical and philosophical underpinnings of harmonization, urging a reexamination of its foundational ideals in contemporary law reform.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

The IPKat

OCTOBER 4, 2021

Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law on 3D trade marks. In the 1970s, Nestlé invented a hermetically-sealed capsule containing a dose of ground coffee, and a "Nespresso" coffee machine in which to insert the capsule. Generic license.

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Public Domain Marketing Marketing Licensing 145

Kluwer Copyright Blog

JANUARY 9, 2025

Our societys welfare will probably be better served by leaving AIGW in the public domain. By restricting access to the work, the law gives the owner an ability to limit access to paying consumers, thus generating the profits necessary to ensure continued supply for works. Copyright in the outputs cannot change either outcome.

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Copyright Technology Public Domain Marketing 64

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Preventative Measures for Safeguarding a Trade Secret. For more visit: [link].

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Intellectual Property Confidentiality Public Domain Business 119

Kashishipr

DECEMBER 28, 2021

It implies that while a specific technology may be protected in the main markets of a company, it may lie in the public domain in some other countries. In most countries, they typically last for a maximum of 20 years, after which they lie in the public domain and can be freely used by anyone.

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IP Patent Invention Licensing 105

SpicyIP

AUGUST 13, 2024

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. The invention, which related to a system of data profiling, would use a profiling module to read records from data sources, compute statistics, and other descriptive information relating to the data set.

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Invention Patent Public Domain Technology 110

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

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Invention Patent Public Domain Inventor 52

Intepat

MAY 4, 2023

Competition law (hereinafter used interchangeably with antitrust law) and Intellectual Property Rights (IPR) have been regarded as two ends of the spectrum in an economy. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. The Supreme Court in Eldred v.

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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IP Branding Branding Brands 133

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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Patent Application Invention Patent Licensing 52

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

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Invention Patent Application Patent Licensing 52

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. Sandeep is a lawyer who comes with 2 decades of experience in pharmaceutical law, drug access and patents. We are pleased to bring to you a guest post by Sandeep K. Long post ahead. ].

Patent Application 141

Patent Application Reporting Public Domain Patent 141

IIPRD

MARCH 5, 2025

Control of origin laws mediated by authors has traditionally attempted a simpler approach that did not anticipate complexities associated with human creativity. Traditional Copyright Framework and Its Limitations Copyright law is fundamentally based on three principles: Authorship : The creator of a work owns the copyright.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

SpicyIP

SEPTEMBER 15, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Varsha is a 5th year law student pursuing B. from Jindal Global Law School, Sonipat.] Interestingly, this has been described as a method to reduce the burden on patent applicants since this information is already available in the public domain.

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Patent Invention Patent Application Public Domain 105

Intellectual Property Law Blog

MARCH 15, 2021

Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention. As indefiniteness is ultimately a question of law, the Federal Circuit reviewed the case de novo. Federal Circuit Decision. Conclusion.

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Patent Public Domain Patent Application Art 100

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. In law, the quality of an idea’s expression is given more weight. Because they were created by the authors, the exam questions are unique in the sense of copyright laws.

Copyright 98

Copyright Public Domain Copying Publishing 98

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. 3) State-of-the-Art Search.

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Patent Patent Application Inventor Invention 78

Intepat

OCTOBER 6, 2024

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea.

Patent 52

Patent Invention Public Domain Intellectual Property 52

IP Law 360

OCTOBER 8, 2024

Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.

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Public Domain Invention IP Technology 52

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources. Image from Pixabay.

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Intellectual Property Due Diligence Public Domain Government 121

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. By guest blogger Prof.

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Artwork Blogging Art Copyright 98

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IP and Legal Filings

SEPTEMBER 20, 2023

While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resources on Yoga Asanas. The absence of this doctrine would defeat the very purpose of copyright law. Similarly, a system of doing Yoga can not be protected under copyright laws.

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Copyright Copyright Law Invention Public Domain 98

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). This is called the patentability of an invention.

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Patent Invention Public Domain Patent Law 52

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

Intellectual Property 52

Intellectual Property Law Business Design 52

Patently-O

FEBRUARY 5, 2024

Although case applied pre-1952 law, the reminder here is poignant. The invention, to justify a patent, had to serve the ends of science—to push back the frontiers of chemistry, physics, and the like; to make a distinctive contribution to scientific knowledge. Great A&P Tea Co. Supermarket Equip. 147, 156 (1950).

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Law Public Domain Design Patent Invention 45

Patently-O

AUGUST 18, 2023

Dr. Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship. Copyright Office.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

SpicyIP

MARCH 27, 2023

She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution. The respondent had rejected the application holding that the same does not meet the requirements of Section 2(1)(j) as the subject invention constitutes the elements of prior art(s) D2 with elements of D1 and D3. from NUALS, Kochi.

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IP and Legal Filings

JUNE 27, 2022

The urgence for the same was felt due to refusal of foreign exhibitors to attend the International Exhibition of Inventions in Vienna, Austria, 1873, fearing that their ideas would be stolen and will further be exploited commercially in other nations.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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Intellectual Property Editing Privacy Moral Rights 90

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

Art 52

Art Invention Public Domain Publishing 52

Kluwer Copyright Blog

DECEMBER 1, 2021

The UK recognises that in order to guarantee that IP incentivises innovation, the government should focus on its domestic IP law and enhance the UK’s AI competitive edge through a potential legislative reform. Option 3: protecting AI devised inventions though a new type of protection. More from our authors: Law of Raw Data.

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IP Inventor Invention Intellectual Property 75

Larson & Larson

FEBRUARY 13, 2021

According to 35 US Code , the prior art counts against you if it is in the public domain before the effective filing date of your invention. It will also count against you if someone else applied for a patent for a thing identical to your invention and was published under section 122(b.) (35

Art 52

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Patently-O

APRIL 17, 2024

In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. §

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False Advertising Advertising Advertising Patent 115

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search.

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Patent Invention Inventor Technology 52