The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 66

Patent Law Law Patent Editing 66

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. 3(e), in La Renon Health Care Pvt.

Invention 69

Invention Patent Art Patent Law 69

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.

Invention 110

Invention Patent Public Domain Technology 110

The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

Inventor 78

Inventor Invention Designs Design 78

The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Licensing or exceptions to copyright for text and data mining (TDM), which is often significant in AI use and development.

Government 136

Government Copyright IP Invention 136

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

The Patent Act, covers three types of Patents for protection: Invention Patent: Section 3 of the Patent Act, Thailand describes invention patent as any discovery or invention or any improvement of a product.

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

IPilogue

MARCH 1, 2023

The appeal raised issues about (i) whether the specific claim in the patent protecting the invention at issue was invalid due to overbreadth, and (ii) whether the plaintiff was entitled to injunctive relief if the patent was held to be valid. 57 of the Patent Act is the usual remedy that upholds the bargain theory of patent law.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111

Patently-O

JULY 9, 2024

Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

Patent 119

Patent Invention Inventor Litigation 119

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

Designs 119

Designs Design Intellectual Property Licensing 119

IP and Legal Filings

JULY 18, 2024

Introduction Patent revocation is a legal action undertaken by an external party, often an individual or an organization, challenging the validity and continuation of a granted patent. This process is based on specific criteria established by patent law. The invention is not useful. The invention is not useful.

Patent 98

Patent Invention Government Publishing 98

SpicyIP

JANUARY 15, 2023

Further, copyright owners can use this power to threaten and scare users and extort license fees (especially prevalent in the software and music industry) which can impact the ease of doing business. here , here and here ).

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Thank you to readers who voted for the IPKat book of the year awards 2022!

Intellectual Property 98

Intellectual Property Editing Intellectual Property Law Designs 98

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

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.

Trademark 59

Trademark Patent Copyright Patent Application 59

SpicyIP

OCTOBER 1, 2024

It is a prescription drug for treating HIV in adults, available in tablet and injectable forms, and is used in combination with other HIV medicines, currently licensed for treatment, not prevention, due to its high prices. The looming threat is the pending patent applications by Gilead in India.

Patent Application 124

Patent Application Patent Licensing Reporting 124

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” then it is no longer a trade secret.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Majumdar & Co.,

Registration 103

Registration Intellectual Property IP Patent Drafting 103

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

Licensing 52

Licensing Contracts Patent Law Patent 52

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. When the two broke-off their relationship Sgromo wanted the patents back and sued. Peter Sgromo v. Leonard Scott ( Fed.

Ownership 72

Ownership Patent Law Invention Licensing 72

The IP Law Blog

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

The IPKat

AUGUST 13, 2024

The most obvious reason would be that OpenAI intends to enforce its patents and/or to use them as negotiating chips in licensing negotiations. It is also clear from the public databases that OpenAI is pursuing global protection, however these patent applications have not yet been published or granted.

Patent 127

Patent Editing Inventor Patent Application 127

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent?

Patent 105

Patent Inventor Invention Intellectual Property 105

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. by Dennis Crouch. Venture (Fed.

Invention 83

Invention Contracts Licensing Inventor 83

SpicyIP

FEBRUARY 23, 2023

In fact, a very similar ‘invention’ was made by Remya Jose, a 10 th grade school student from rural Kerala, in the early 2000s. Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India.

Marketing 126

Marketing Marketing Invention Patent 126

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. 7] Section 140 of The Patents Act, 1970. [8]

Patent Law 52

Patent Law Law Patent Intellectual Property 52

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).

Designs 117

Designs Design Patent Invention 117

Intepat

FEBRUARY 28, 2025

One of the most debated issues is human gene patents, which give a person or corporation ownership over who can modify their genetic materials code exclusively. Some believe that patents may lead to new inventions and research. Others maintain that it is problematic when a ruling body wants to patent human genes.

Ownership 52

Ownership Patent Intellectual Property IP 52

The IP Law Blog

MARCH 30, 2023

Patents offer many advantages to individuals and companies. For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. In some industries, patents may even be essentially required to enter the market and compete successfully.

Business 98

Business Inventor Patent Licensing 98

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments. Apple Retail UK Ltd.

Licensing 105

Licensing Technology Litigation Patent 105

The IPKat

SEPTEMBER 15, 2022

The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia. Article 1360 enumerates situations in which the Russian government can allow use of an invention, utility model, or industrial design without the patent owner’s authorization.

IP 133

IP Branding Brands Branding 133

The IP Law Blog

JANUARY 12, 2023

A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. Topical Highlight. Thematic Highlight.

Licensing 83

Licensing Government Reporting Patent Law 83

The IPKat

SEPTEMBER 15, 2022

Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent.

Licensing 60

Licensing Art Marketing Marketing 60

The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech claims that Moderna did not give credit to scientists at Pfizer/BioNTech and NIH who developed the underlying technology and that Pfizer/BioNTech had invented and patented aspects of the technology that Moderna used before it had obtained its patents. Pfizer/BioNTech, of course, declined to take a license.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Selvam & Selvam Blog

JULY 26, 2024

A patent in India grants an inventor the exclusive right to prevent others from making, using, selling, or distributing the patented invention without permission for a period of 20 years from the filing date of the patent application. Title of the Invention: A brief description of what the patent covers.

Patent 52

Patent Invention Licensing Government 52