Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. However, our invention] has a very narrow molecular-weight distribution. Kaulbach prior art patent. But, to do so pushes against the fundamental inventive concept of Kaulbach of a narrow molecular distribution. by Dennis Crouch. The new Chemours Co.

Invention 126

Invention Art Marketing Marketing 126

The IPKat

AUGUST 16, 2021

These two largest services merged their platforms a couple of years ago, which influenced the taxi market in Russia, Armenia, Belarus, Kazakhstan and several other Commonwealth of Independent States countries. These mobile services have significantly expanded the market, transferring most of Kazakhstanis from public transport to taxis.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. This came after careful observation of rising international trends with respect to innovations and inventions concerning biotechnology.

Invention 59

Invention Patent Intellectual Property Technology 59

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s friend Jane provided some financing to develop and test the prototype, and also gave EL marketing advice, but did not contribute directly to the technical development.

Patent Law 78

Patent Law Law Patent Patent Application 78

SpicyIP

DECEMBER 2, 2024

Other Posts Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024) Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law by Adarsh Ramanujan, FCIArb is being released on December 4, 2024 at the Delhi High Court. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

SpicyIP

NOVEMBER 8, 2023

Market dynamics in the health and innovation space are making the biotech and life sciences sector an industry to watch out for. Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. [This post has been co-authored with Rahul Bajaj.

Invention 69

Invention Patent Art Patent Law 69

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 59

Invention Art Patent Designs 59

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. They may not qualify as ‘inventions’ under the high standards of patent law but they are innovations nonetheless and ones that can go a long way in making positive societal changes.

Marketing 126

Marketing Marketing Invention Patent 126

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. What market developments have occurred since the original filing date?

Patent 126

Patent Patent Prosecution Invention Inventor 126

IP and Legal Filings

NOVEMBER 7, 2022

Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. Businesses can use this intangible right to gain a competitive edge in the market. On the other hand competition law aims to maximize social welfare by condemning monopolies.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Design Designs Invention 98

LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. Ryan Phelan is a registered U.S.

Invention 52

Invention Patent Intellectual Property IP 52

SpicyIP

OCTOBER 9, 2024

The “patent of addition” in India is a crucial mechanism for protecting improvements or modifications to existing inventions. This system recognises that innovation often builds upon previous work, which can arise from natural advancements or market feedback.

Patent 104

Patent Invention Reporting Inventor 104

The IPKat

MARCH 26, 2023

Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? by Daria Bohatchuk The patent law revision is currently underway in Switzerland. 59 (4) of the Patents Act, Botschaft , 11, 12). Full patent examination in Switzerland: quo vadis?

Patent 103

Patent Patent Application Invention Intellectual Property 103

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

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. 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

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. 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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

SEPTEMBER 28, 2021

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

Intellectual Property 78

Intellectual Property Invention Government Patent 78

SpicyIP

JANUARY 15, 2023

Foreign companies that either do not manufacture their invention in India or do not import their inventions in India can fall foul of these requirements. Further, Form 27 requirements are already very diluted and without them it will be impossible to obtain compulsory licenses, a core part of the Indian patent system.

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

The IPKat

JANUARY 24, 2022

The "Everolimus Ethypharm" product had been explicitly marketed for use in combination with an aromatase inhibitor (exemestane) for the treatment of hormone-receptor positive breast tumors, an indication which falls within the scope of Novartis' patent.

Invention 121

Invention Patent Litigation Marketing 121

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. Karan Johar v.

Trademark 59

Trademark Patent Copyright Patent Application 59

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 Branding Brands 133

IP and Legal Filings

OCTOBER 8, 2021

Apart from climate change, issues such as the growth of the biofuel market due to which agricultural lands are destroyed or exploited as well as unmonitored nutrition programs may also threaten food security of a nation. This retardation may severely impact the food security of the region as well.

Intellectual Property 98

Intellectual Property Invention Inventor IP 98

JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] products.”

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Patently-O

FEBRUARY 13, 2024

.” But, Sonos’ prosecution approach in the case is a widespread practice in the field and so the case raises significant questions about both patent enforcement strategies and equitable loss of rights based upon “late claiming” where claims are amended in response to market conditions.

Patent 98

Patent Patent Prosecution Patent Law Marketing 98

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets.

Business 98

Business Inventor Patent Licensing 98

IP and Legal Filings

APRIL 5, 2022

Corporations may become aware of these applications and want to patent and market them for their own benefit. Companies frequently try to patent indigenous knowledge, as well as the products and processes produced from it. However, substantial doubts about the fairness and legality of such profit-sharing arrangements persist.

Invention 93

Invention Inventor Business Patent 93

LexBlog IP

DECEMBER 21, 2023

The Federal Circuit disagreed and noted that in any event, a reference does not teach away if it merely expresses a general preference for an alternative invention but does not criticize, discredit or otherwise discourage investigation into the invention claimed (citing UCB, Inc. Actavis Laby’s UT, Inc. , 4th 679, 692 (Fed.

Patent Law 52

Patent Law Patent Law Art 52

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

Patent 52

Patent Invention Patent Law Design 52

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

Law 52

Law Patent Settlement Inventor 52

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

IP and Legal Filings

MARCH 27, 2024

of violating their patents related to the development of “enhanced internal combustion engine technology”. Utilizing the invention or technology outlined in the patents owned by the plaintiffs; and 2.The Motor Company Ltd.) The plaintiffs are requesting a permanent injunction as a remedy[1].

Invention 94

Invention Patent Patent Infringement Technology 94

IP and Legal Filings

MARCH 1, 2023

Typically, they give the creator the only, time-limited right to use his or her invention and creation. [i] iii] The value of IP will rise as a result of commercialization when it is evaluated for marketing purposes. But patenting research will make it hard for others to access.

Intellectual Property 96

Intellectual Property IP Government Invention 96

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 IPKat

JULY 16, 2024

This tome was first published in 1884 by Thomas Terrell, and in the 140 years since, has become a well-established authority for patent practitioners and judges, providing thorough commentary on both the substance and practice of UK patent law. Chapter 7 examines the determination of the priority date of an invention.

Law 64

Law Editing Patent Intellectual Property 64

Patently-O

NOVEMBER 11, 2021

We do a moot court competition every year in my basic patent law course at the University of Missouri. This year’s case is based directly on Judge Gilstrap’s recent patent eligibility decision in Mad Dogg Athletics v. by Dennis Crouch. The students just submitted opening briefs. Peloton Interactive (E.D.

Law 81

Law Invention Patent Patent Law 81

SpicyIP

OCTOBER 7, 2023

Further, a global FRAND rate must account for, inter-alia , the following (i) market presence of the implementer will vary in different jurisdictions and (ii) patent portfolio of the SEP holder might be stronger in some jurisdictions; else the determined rate will not reflect the true worth of SEP holder’s portfolio.

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Licensing Technology Litigation Patent 105