IP and Legal Filings

DECEMBER 1, 2021

An invention relating either to a product or process that is new, involving an inventive step, and capable of industrial application can be patented.Provided the invention is not falling under the categories of inventions that are non-patentable under sections 3 and 4 of the Patent Act. Image Source: gettyimage].

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Invention Patent Art Public Domain 98

SpicyIP

JULY 9, 2021

During this time, the creator has the right to prevent others from using the invention. the Delhi High Court said that a patent is a property right, which the state grants to inventors in exchange of their covenant to share in detail with the public. Layered approach of protection of same invention. In the case of F.

Patent 119

Patent Invention Intellectual Property Public Domain 119

SpicyIP

AUGUST 13, 2024

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. The invention, which related to a system of data profiling, would use a profiling module to read records from data sources, compute statistics, and other descriptive information relating to the data set.

Invention 110

Invention Patent Public Domain Technology 110

Kashishipr

DECEMBER 28, 2021

It implies that while a specific technology may be protected in the main markets of a company, it may lie in the public domain in some other countries. In most countries, they typically last for a maximum of 20 years, after which they lie in the public domain and can be freely used by anyone.

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IP Patent Invention Licensing 105

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

Invention 52

Invention Patent Public Domain Inventor 52

Kluwer Copyright Blog

JANUARY 9, 2025

Our societys welfare will probably be better served by leaving AIGW in the public domain. It is the non-excludability of technological inventions (not creative works) which is the problem that needs to be addressed to ensure continued technological progress. Both technological invention and creativity are highly complex systems.

Copyright 64

Copyright Technology Public Domain Marketing 64

The IPKat

OCTOBER 4, 2021

In the 1970s, Nestlé invented a hermetically-sealed capsule containing a dose of ground coffee, and a "Nespresso" coffee machine in which to insert the capsule. Picture on bottom left is in the public domain. The decision echoes one by the German Federal Court of Justice given a few years ago (Katpost here ). Generic license.

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Public Domain Marketing Marketing Licensing 145

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Preventative Measures for Safeguarding a Trade Secret.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Velocity of Content

OCTOBER 19, 2021

For example, Section 108, which grants certain privileges to libraries and archives “open to the public” to copy and share materials, was also new to the 1976 Act. Another example: The 1976 Act revised the schedule for when US works pass into the public domain; this schedule has been revised several times since.

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Copyright Law Fair Use Public Domain 105

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

Patent Application 52

Patent Application Invention Patent Licensing 52

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

Invention 52

Invention Patent Application Patent Licensing 52

IP Law 360

OCTOBER 8, 2024

Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.

Public Domain 52

Public Domain Invention IP Technology 52

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

IP and Legal Filings

JANUARY 11, 2022

Patents are there for 20 years where after the expiry they end up being in the public domain. The protection by the trade secrets is generally for those who are not in the domain of other IPs. Those details must be sufficient for a person who is skilled in the relevant technology to make use of the invention.

Patent 97

Patent Confidentiality Public Domain Intellectual Property 97

SpicyIP

SEPTEMBER 15, 2023

In this post, we will be discussing the proposed amendments which, if passed, can alter the key flexibilities of working statement requirement, pre-grant opposition, information about foreign applications and disclosure of invention claimed divisional application.

Patent 105

Patent Invention Patent Application Public Domain 105

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. One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. 3) State-of-the-Art Search.

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Patent Patent Application Inventor Invention 78

Intellectual Property Law Blog

MARCH 15, 2021

Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Conclusion.

Patent 100

Patent Public Domain Patent Application Art 100

Patently-O

AUGUST 22, 2022

From their inception, the federal patent laws have embodied a careful balance between the need to promote innovation and the recognition that imitation and refinement through imitation are both necessary to invention itself and the very lifeblood of a competitive economy. ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964).

Patent Law 91

Patent Law Law Patent Invention 91

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources. Image from Pixabay.

Intellectual Property 121

Intellectual Property Due Diligence Public Domain Government 121

The IPKat

SEPTEMBER 16, 2024

Mauritz Kop, in his chapter, makes a very intriguing - to say the least - proposal for new public domain model for autonomous AI creations, termed " Res Publicae ex Machina ", seeking to rejuvenate public domain principles for the benefit of innovation and society.

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

The IP Law Blog

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 98

IP Intellectual Property Social Media Cease and Desist 98

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. The invention can be patented as for the first-time researchers have shown such effects with consortia of bacteria and fungi.

Art 52

Art Patent Public Domain Invention 52

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.

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Copyright Public Domain Copying Publishing 98

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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IP Branding Branding Brands 133

SpicyIP

JANUARY 18, 2023

The public interest involved in ensuring that patentable inventions are patented, cannot be accorded a greater degree of sanctity than the public interest involved in ensuring that the non-patentable inventions are not allowed to be patented.

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

SpicyIP

APRIL 29, 2023

However, it is commonly accepted that for information to be construed as confidential, the said data must possess the requisite element of confidence, must have some commercial value and cannot be in the public domain. Additionally, reasonable measures need to be taken to maintain this confidentiality.

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Confidentiality Contracts Public Domain Marketing 130

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

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. It is granted for any invention, which may relate to a product or a process. This is called the patentability of an invention. 2(1) (ac)].

Patent 52

Patent Invention Public Domain Patent Law 52

SpicyIP

MARCH 27, 2023

The respondent had rejected the application holding that the same does not meet the requirements of Section 2(1)(j) as the subject invention constitutes the elements of prior art(s) D2 with elements of D1 and D3. to hold that the subject invention is not a mere combination but is an inventive step. Case: Bennett Coleman and Co.

Designs 105

Designs Design Cease and Desist Art 105

Biswajit Sarkar Copyright Blog

DECEMBER 8, 2021

After an invention is patented, the inventor has exclusive rights over the invention. Any infringement thereby is actionable and you have the right to stop others from using or selling your invention. Patents last for a period of 20 years after which they are available in the public domain and can be freely used by others.

Patent 52

Patent Public Domain Invention Inventor 52

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. By guest blogger Prof.

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Artwork Blogging Art Copyright 98

IP and Legal Filings

SEPTEMBER 20, 2023

While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resources on Yoga Asanas. So, it is extremely difficult to exactly determine when or by whom any Yoga Asana was invented.

Copyright 98

Copyright Copyright Law Invention Public Domain 98

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

SpicyIP

SEPTEMBER 5, 2022

Some argue that neither Moderna nor BioNTech-Pfizer nor Curevac and others who are litigating this tech own the technology – it belongs to the world and is in public domain ( here also). When ownership is itself in dispute, the process of obtaining a license from either entity becomes a risky and expensive exercise.

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Litigation Patent Technology Ownership 137

Patently-O

AUGUST 18, 2023

Dr. Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain. Copyright Office.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76