article thumbnail

Cardinals Of Intellectual Property Rights (Part- I)

IP and Legal Filings

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’.

article thumbnail

Cellect or Reject? SCOTUS Asked to Consider Fate of ODP Doctrine

Patently-O

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

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).

article thumbnail

The US Constitution as an Interpretive Tool for Obviousness Law

Patently-O

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 44
article thumbnail

Difference Between Prior Art Search, Invalidation Search And FTO Search

Intepat

? 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
article thumbnail

How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

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 96
article thumbnail

False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

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.