Intellectual Property Law Blog

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. 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

Kashishipr

JULY 7, 2021

Trade secrets are inexpensive to secure because they do not mandate a registration process or supplemental fee. To draw a sharp contrast between the two, let’s look at them closely: Patents . The invention should be a new addition to state of the art such that it is non-obvious and industrially applicable.

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Patent Intellectual Property Invention Patent Law 105

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. What is an invention made in Spain? Compulsory application for protection in Spain.

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Invention Inventor Patent Application Due Diligence 52

The IPKat

JANUARY 26, 2023

Nedim Malovic analysed a recent decision of the EUIPO regarding the registration of Charlie Chaplin’s character “Charlot” as an EU trade mark (EUTM). The EUIPO upheld the Office’s objections after having established that the figurative depiction of Charlot is not eligible for EU trade mark registration.

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Derivative Work Invention Registration Related Rights 78

SpicyIP

JANUARY 13, 2023

We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. Registration Fee. 50% fee waiver in one of the courses of Lawctopus Law School for the runner-up team.

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Law Editing Registration Invention 98

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. . pending or issued registrations) and those that are not.

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IP Intellectual Property Social Media Cease and Desist 98

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.

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Trademark Patent Copyright Patent Application 58

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]

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Patent Law Law Patent Intellectual Property 52

Patently-O

MAY 19, 2023

Thursday, July 20th, will offer another full day of sessions covering everything from responding to prior art rejections, to cultivating diversity in patent law, and best practices for PTAB appeals. My patent law update is Thursday morning. For more information and registration, click here.

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Intellectual Property Patent Law Invention Art 69

SpicyIP

MAY 14, 2022

The third was an essay competition held by CREATe on the topic of how Artificial Intelligence would change the practice of intellectual property law. Shamnad won the second prize in that competition for his essay titled ‘Artificial Invention: Mind the Machine’. Submission Guidelines. You may e-mail us your essay whenever it is ready.

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Intellectual Property Law Intellectual Property Law Editing 135

Patently-O

AUGUST 7, 2021

You can register at www.elevateyourprosecution.com/registration/. 1.2. Andrew Godsey (Global Technology Transfer Group) and Clarke Nelson (InFact Experts LLC): Comprehensive Overview of Modern Patent Valuation. Margaret Polson (Polson Intellectual Property Law PC): Overview of Design Patents for Software-Related Inventions.

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Intellectual Property Law Patent Prosecution Intellectual Property IP 99

The TTABlog

AUGUST 30, 2021

Applicant Herman Miller, noting that the spine of the chair is not part of the proposed mark, argued that “the spine is the invention, and the specific seat, back, and legs claimed in the Eames Molded Plywood Chair Design are not essential to the invention." S ee TrafFix , 58 USPQ2d at 1005; Becton, Dickinson , 102 USPQ2d at 1377.

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Design Designs Advertising Advertising 98

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

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Patent Invention Patent Law Designs 52

IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Provisions of intellectual property law will be applicable to NFTs. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 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). 2(1) (ac)].

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Patent Invention Public Domain Patent Law 52

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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Patent Infringement Invention Patent Patent Law 52

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.

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Law Editing Patent Intellectual Property 64

Garrigues Blog

NOVEMBER 8, 2022

Under the European Patent Convention (EPC) and national patent regulations in the countries that adhere to the Convention, which include Spain, an invention is patentable if it fulfills, among other requirements, the inventive step requirement ( article 54(1), (2) EPC and article 4(1) of Patents Law 24/2015 ).

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Patent Invention Patent Application Inventor 52

Kashishipr

OCTOBER 20, 2021

The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement.

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Patent Intellectual Property Inventor Government 105

Biswajit Sarkar Copyright Blog

DECEMBER 3, 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). Conclusion.

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Patent Invention Patent Application Government 52

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.

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Patent Invention Public Domain Intellectual Property 52

LexBlog IP

OCTOBER 3, 2021

Senator Patrick Leahy (D) VT and Senator John Cornyn (R) TX have jointly drafted a new bill entitled the “Restoring the America Invents Act.” patent law that will resonate with voters. You will receive a registration confirmation email immediately. Free Registration: ( here ).

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Litigation Registration Invention Patent Law 52

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. underlining added).

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Licensing Patent Application Patent Prosecution Invention 67

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.

Law 52

Law Patent Settlement Inventor 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

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. Can you use it in the ways you want to?

Design 52

Design Designs Trademark Copyright 52

IIPRD

JANUARY 24, 2023

Software being a Grey area can be provided protection under two heads, while trade secrets plays a major role in protection of innovation including patent. A robust and substantive IP portfolio does not only protect inventions but, also demonstrates the strength of the innovative business models of companies.

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IP Invention Intellectual Property Due Diligence 52

More Than Your Mark

AUGUST 27, 2021

For example, if you design a new chair, copyright can protect the pattern you print on the back or the purely artistic sculpture of the arms but cannot protect the new type of caster you invented, the unique manufacturing technique, or the name under which you sell the chair. What Is a Patent? Patents protect inventions.

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Intellectual Property Trademark Copyright Patent 52

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

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Intellectual Property Inventor Invention Trademark 59

LexBlog IP

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. pending or issued registrations) and those that are not.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

SpicyIP

JANUARY 31, 2024

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. ” As per the order (para.

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Inventor Ownership Reporting Registration 63

The IPKat

JULY 23, 2024

Trade Marks Katfriend Kimberley Evans discussed the refusal of the BASMATI trade mark registration in New Zealand. Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell.

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Editing Designs Design Reporting 59

SpicyIP

MARCH 6, 2023

Last date to apply for Trademark and Patent Agent extended till 15 th March, 2023. Centre planning to reform patent laws, seeks suggestions from industry and stake holders. UK Supreme Court hears case by and American computer scientist for patent over inventions created by his AI system DABUS

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Design Designs Music IP 115

More Than Your Mark

NOVEMBER 30, 2018

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. In short, a substance’s Schedule I classification is irrelevant to its patentability.

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Patent Invention Patent Infringement Blogging 52

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located. Intellectual property attorneys can file these applications from anywhere.

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Intellectual Property Intellectual Property Law Registration Trademark 52

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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Inventor Patent Application Invention Patent 40