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). 2(1) (ac)].

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Patent Invention Public Domain Patent Law 52

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

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

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Law Patent Settlement Inventor 52

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

As stated in the previous blog on Patentability in India, Novelty is one of the essential criteria required for a patent to be granted in India. Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. a) Prior Publication [Section 29(1), the Act].

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Art Invention Public Domain Publishing 52

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. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patent Invention Inventor Technology 52

IP and Legal Filings

JUNE 15, 2023

A part of TK is exposed for patent review whereas the rest is kept undisclosed. Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain.

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Ownership Privacy Public Domain Copyright 98

Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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Inventor Invention Patent Patent Application 52

Patently-O

MAY 20, 2024

The doctrine of obviousness-type double patenting is a long-standing, judicially-created doctrine aimed at preventing inventors from improperly extending their patent monopoly by patenting obvious variations of the same invention in multiple patents. ”) United States ex rel. Steinmetz v. Allen , 192 U.S.

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Invention Inventor Public Domain Patent 49

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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Design Patent Designs Design Patent 52

Patently-O

FEBRUARY 5, 2024

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. That is why through the years the opinions of the Court commonly have taken ‘inventive genius’ as the test.

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Law Public Domain Design Patent Invention 45

LexBlog IP

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 52

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IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law.

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Intellectual Property Law Business Designs 52

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Tension b/t invention and discovery.

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Intepat

MARCH 7, 2025

By increasing the term of patent protection, the pharma company is able to derive benefits for a considerably longer time period than normally permitted under patent laws. This practice of evergreening is against the principles and objectives of patent law.

Patent 52

Patent Intellectual Property Public Domain Invention 52

Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions.

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Intellectual Property Inventor Invention Copyright 52