The IPKat

DECEMBER 27, 2021

Just a few days before Holidays season, the Legal Board of Appeal announced its ruling in the cases J 8/20 and J 9/20, thus confirming the decisions of the Receiving Section of the European Patent Office, both of which has refused the DABUS applications EP 18 275 163 and EP 18 275 174. This Kat wonders, is AI really an inventor?

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Inventor Patent Application Invention Designs 122

Kashishipr

JULY 28, 2021

In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether. Brief Introduction.

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Patent Application Patent Invention Art 59

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. 965/DELNP/2006 and the patent office’s rejection order (dt.

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Trademark Invention Patent Art 126

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more for the details.

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Invention Trademark Reporting Editing 52

Patent Trademark Blog

MARCH 24, 2022

To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. If your ITU application matures into a registration, your ITU filing date will be treated as if you began using the mark on that date.

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Intellectual Property IP Patent Application Invention 98

IP and Legal Filings

AUGUST 8, 2024

This allows the others to gain knowledge of the others invention and develop in the future. The patentee has exclusive rights over their invention for a particular period of time, that is 20 years in India. This represent that the patentee has the power to control the uses, makes, imports or sells of their invention.

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Patent Invention Inventor Patent Application 97

SpicyIP

MARCH 9, 2025

Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patent application but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.

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Trademark Patent Copyright Patent Application 59

SpicyIP

MARCH 14, 2023

Patent Opposition(s) in the pharmaceutical field is an important flexibility and an effective tool to ensure access to life-saving and affordable medicines. The opposition system helps to weed out frivolous patent applications and maintain the quality of the patents that are granted by the Patent Office.

Patent 121

Patent Editing Patent Application Art 121

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. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. Types of Patent Search.

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Patent Patent Application Inventor Invention 78

Kashishipr

NOVEMBER 24, 2021

It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention. Hence, inequitable conduct may occur, for example, if one bribes researchers to lie as to the original date of the invention. It is a breach of the duty of candor.

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Patent Application Invention Patent Inventor 105

Intellectual Property Law Blog

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

NOVEMBER 16, 2022

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organizing a workshop on ‘Patent Oppositions in the Pharmaceutical Field’ from December 4- 8, 2022 in Kochi, Kerala. The deadline for applications is November 19, 2022.

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Patent Art Patent Application Invention 119

Garrigues Blog

JUNE 22, 2021

This is why it is important to be able to justify the registration of the patent in another territory, if it is not initially registered in Spain. However, following the entry into force of Patents Law 24/2015 (PL), we need to reassess whether this is always the best strategy. Compulsory application for protection in Spain.

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Invention Inventor Patent Application Due Diligence 52

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Failing to comply would result in the application being considered withdrawn.

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Inventor Patent Law Invention Law 94

Kashishipr

DECEMBER 28, 2021

To be specific, any aspect of the invention not covered in the claims isn’t considered to be protected. However, in this case, it is imperative to note that determining the scope of a patent is not easy. Seeking Patent Protection for the Technology. Overcoming Obstacles . Bottom Line.

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IP Patent Invention Licensing 105

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? Who can file a patent application?

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Patent Inventor Invention Intellectual Property 105

SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

Confidentiality 59

Confidentiality Trademark Copyright Infringement Music 59

JD Supra Law

OCTOBER 12, 2023

Executive Summary - The patent application examination requirement is statutory based rather than a Constitutional requirement. Patent System operated on a registration system without examination. For instance, from 1793 to 1836, the U.S.

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Patent Application Invention Registration Patent 66

SpicyIP

APRIL 21, 2022

A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Widened Locus Standi. Cipla Ltd & Ors.

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Patent Application Patent Registration Publishing 131

SpicyIP

MARCH 2, 2025

Highlights of the Week Delhi High Court Stirs the Pot for Biotech Patent Applicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

Confidentiality 52

Confidentiality Trademark Copyright Infringement Music 52

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Conceiving the Invention. The inventor should collect as much information as possible about his invention. The inventor should think about the field of his invention, the advantages of such an invention and if that invention can improve already existing solutions. Patent Search & Drafting.

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Registration Patent Invention Inventor 40

Kashishipr

MARCH 16, 2022

Patents safeguard the innovations or inventions that are novel, non-obvious, industrially applicable, and possess an inventive step. A granted patent describes the features of an invention or innovation and how it works in well-written and illustrated detail.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

JULY 31, 2023

C ase Summaries Delhi High Court reiterates that functional designs are not per se ineligible for registration and can be registered if they possess any aesthetic appeal Case : Ttk Prestige Ltd. Emphasizing the need to consider submissions of the applicants, the Delhi High Court sets aside the impugned order rejecting the patent application.

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Designs Design Invention Intellectual Property 98

Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented. Let’s get started!

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Patent Application Patent Invention Business 40

SpicyIP

DECEMBER 15, 2024

Highlights of the Week Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case A Divisional Application (DA) by BASF was rejected by the IPO citing delay in filing of application. 2 in respect of the patent application of the petitioner.

Patent Application 59

Patent Application Intellectual Property Law Intellectual Property Trademark 59

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

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Invention Music Art Patent Application 105

SpicyIP

MARCH 16, 2023

Controller of Patents and Designs ( pdf.), the Delhi High Court in very explicit terms called out the office of Controller of Patents and Designs for doing “little justice to the solemn functions” entrusted upon them with regards to their rejection order of Dolby’s patent application. In fact, at one point (para.

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Invention Patent Prosecution Patent Application Patent 105

SpicyIP

JANUARY 23, 2023

The Appellant had alleged that despite filing detailed written submissions addressing the objection against the patentability of the invention under Section 2(1)(j) as raised in the examination report, the Respondent issued a cryptic order rejecting the patent application.

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Designs Design Invention Registration 105

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. .

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. to hold that the subject invention is not a mere combination but is an inventive step.

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Designs Design Cease and Desist Art 105

SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). and European patent was granted to the appellant. This and much more in this SpicyIP Weekly Review.

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Invention Trademark Designs Design 80

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Image from here. The Registrar Of Trade Mark and Jindal Industries Pvt.

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Patent Prosecution Invention IP Journalism 111

IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. It is safeguarded under the Patent Act, of 1970.

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Intellectual Property Government Invention Branding 98

Kashishipr

DECEMBER 8, 2021

To seek Patent Protection on it is not possible per se since the element of the inventive step is absent, which is of the three essential pillars on which a patented invention is found (inventive step, industrial use, and novelty). However, a modified form of life may be considered a patentable subject matter.

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Patent Intellectual Property Invention Ownership 105

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Studying IPR law empowers Entrepreneurs to protect and promote their innovation, invention and creations.

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Intellectual Property Technology IP Law 105

SpicyIP

DECEMBER 9, 2024

A counterclaim was also filed on behalf of the defendant for revocation of the subject patent. In the current application before the HC, the Plaintiff sought to amend their claims in the patent application. The Defendant had alleged that the amendments requested were to cover up the lacuna in the original application.

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Trademark Registering Trademarks Branding Brands 59