The IPKat

SEPTEMBER 16, 2024

The content is based on research presented at the Fifth Annual Workshop on Intellectual Property Rights in Szeged in April 2021, offering perspectives that are pertinent for those involved in the ongoing discourse around international IP law.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

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.

Patent 52

Patent Invention Public Domain Intellectual Property 52

SpicyIP

JANUARY 18, 2023

The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. We are pleased to bring to you a guest post by Sandeep K.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

Art 52

Art Invention Public Domain Publishing 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. 1125(a)(1)(B) (Section 43 of the Lanham Act). ” Dawgs brief.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? But legal problems of copyright and machine-created works are not new, and history can give us hints to the likely outcome of the present legal battle. The public at the time widely viewed photography as merely the work of machine , not a tool for artistic vision.

Artwork 98

Artwork Blogging Art Copyright 98

IP and Legal Filings

JUNE 27, 2022

The urgence for the same was felt due to refusal of foreign exhibitors to attend the International Exhibition of Inventions in Vienna, Austria, 1873, fearing that their ideas would be stolen and will further be exploited commercially in other nations. Section 2(1)(ja) of IPA defines the term ‘inventive step’.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

Intepat

FEBRUARY 13, 2021

? One of the most common reasons an invention is rejected from being protected is the existence of prior art, or that the said invention is not novel and has already been, in fact, for some time now. Keywords: This will help narrow down the search while sticking to the invention’s key elements. ?

Art 52

Art Invention Due Diligence Patent Application 52

Patently-O

APRIL 20, 2024

Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? The design patent drawings define the scope of the claimed invention, and so infringement analysis requires comparing the accused product against the patent drawings. Swisa, Inc. , 3d 665 (Fed. White , 81 U.S. 511 (1871).

Design Patent 69

Design Patent Art Designs Design 69

Kluwer Copyright Blog

DECEMBER 1, 2021

Consequently, patents do not protect inventions if the inventor is an AI system – a point recently confirmed also by the UK Court of Appeal. Option 3: protecting AI devised inventions though a new type of protection. Option 1: expanding the definition of “inventor”. Option 2: recognising AI as an inventor in patent applications.

IP 68

IP Inventor Invention Intellectual Property 68

Patently-O

MAY 20, 2024

Question Presented: Whether a patent procured in good faith can be invalidated on the ground that statutory Patent Term Adjustment, which requires lengthening a patent’s term to account for time lost to Patent and Trademark Office delays, can trigger a judge-made patent invalidation doctrine. ”) United States ex rel. Steinmetz v.

Invention 49

Invention Inventor Public Domain Patent 49

Patently-O

FEBRUARY 5, 2024

Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. That is why through the years the opinions of the Court commonly have taken ‘inventive genius’ as the test. 147, 156 (1950).

Law 45

Law Public Domain Design Patent Invention 45

The IPKat

JANUARY 18, 2022

This would have harmed both the public interest underlying the production and supply of passports. According to the applicant, both of the respondent's patents were, inter alia, invalid for lack of novelty and inventive step. license.

Intellectual Property 75

Intellectual Property Marketing Marketing Public Domain 75

Larson & Larson

JUNE 1, 2021

Novelty is about prior art: can your examiner point to a thing already in the public domain that is practically a kissing cousin of your thing? The 2011 America Invents Act changed the appeals process a lot. Basically, everyone in the industry could come to your conclusion by reading the relevant material. The Appeals Process.

Patent 52

Patent Public Domain Inventor Invention 52

SpicyIP

NOVEMBER 15, 2022

In the present case the Assignor (Defendant no. The Court agreed with the reasoning of the Appellant and passed this order with the caveat that any eventual objections to the mark should be considered without being influenced by the present order. Dr Vaishali Londhe of NMIMS SPPSPTM wins Patent for Breakthrough Invention.

Trademark 105

Trademark Patent Copyright Design 105

SpicyIP

APRIL 17, 2023

Furthermore, the court also held that the competing marks are phonetically similar and that extra caution must be applied in the present case since the plaintiff’s product is a prescription drug. Not re-examining the re-fled application. Case: M/s Mahavir PVC Cables Factory v.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Marking Prof. Deadline for the Applications: 11:59pm IST, 23rd June, 2023.

Trademark 104

Trademark Registration Cease and Desist IP 104

Kluwer Copyright Blog

MARCH 14, 2022

There are also numerous benefits to AI-generated works remaining in the public domain, including including enabling low-cost access to those works by others and their use for the generation of new (scientific) knowledge’. Attaching to that output long term proprietary claims risks paralysing the public domain.

IP 59

IP Public Domain Copyright Intellectual Property 59

IIPRD

NOVEMBER 23, 2022

The evolution of quantum computing technology presents many legal regulatory questions. The reason is that the latter is a part of public domain and will be open-sourced. Patents are the indicator of the dynamics and pace of invention at the innovation period. billion by 2027. Image Source: IStock].

Intellectual Property 40

Intellectual Property Technology Intellectual Property Law Government 40

SpicyIP

JANUARY 2, 2022

The present case clarified that there is a distinction between cases directly arising from IPR issues and those arising from indirectly connected matters. In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

APRIL 2, 2024

Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado. The invention included a music recommendation system, based on an artificial neural network (“ANN”).

Reporting 64

Reporting Patent Invention Litigation 64

IP Intelligence

APRIL 24, 2023

Under this heightened standard, it seems likely that the output of the investments in creating care pathways, and other similarly situated stakeholders, would be considered by the Copyright Office to be public domain. Aalmuhammed , at 1234.

Ownership 98

Ownership Copyright Registration Public Domain 98

SpicyIP

APRIL 24, 2022

They didn’t need permission to borrow from the public corpus or public domain. If that does not happen, then don’t worry, you will get new questions to understand your present question(s) better. . Do you see any (dis)similarities? Why should others have to require their permission for their small addition to that corpus?

IP 136

IP Copying Intellectual Property Copyright 136

IP Intelligence

JULY 19, 2024

1] The USPTO therefore requires documents drafted by or with the assistance of AI to be reviewed and verified by the person presenting the paper. Practitioners Remain Responsible for AI Compliance: Information submitted to publicly accessible AI tools could trigger an inadvertent public disclosure and materially affect patentability.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

APRIL 24, 2023

Under this heightened standard, it seems likely that the output of the investments in creating care pathways, and other similarly situated stakeholders, would be considered by the Copyright Office to be public domain. ’” Aalmuhammed , at 1234.

Ownership 64

Ownership Copyright Registration Public Domain 64

LexBlog IP

MAY 19, 2023

It’s also generally understood that artists should acknowledge their sources of inspiration, especially when these are not part of the public domain. Infringement: Infringement, theft, or plagiarism involves directly copying someone else’s work and presenting it as one’s own.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. With the information in the public domain, the Rural Telephone Service issued a phone book. A publishing company called Feist Publications Inc.

Copyright 98

Copyright Public Domain Copying Publishing 98

IP and Legal Filings

MARCH 29, 2022

“Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. DIFFERENT COMPONENTS IN FORTIFYING E-COMMERCE. Patents and utility models may be used to protect E-Commerce systems, search engines, and other Internet-based technological tools.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

SpicyIP

DECEMBER 15, 2024

The defendants contended that the programme contained information about the legendary playback singer Dr. P.B.Srinivas which was available in public domain and it is not any person’s created copyright or created literature to be infringed. The plaintiff successfully proved his copyright ownership.

Patent Application 59

Patent Application Intellectual Property Law Intellectual Property Trademark 59

43(B)log

AUGUST 12, 2022

Based on a True Story: Life Story Rights, Modularity, and the Propertization of the Self Dave Fagundes and Jorge Contreras Inventing Anna: claims to be a true story except for the parts that aren’t. This is still present with documentaries, which don’t involve life rights but often do involve waivers. (3)

IP 72

IP Public Domain Music Copyright 72

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. patent law, 35 USC §§ 1 et seq.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52