article thumbnail

You can build a lot with LEGO – But also your own design law?

The IPKat

A Hungarian court referred several questions to the Court of Justice of the EU (‘CJEU’, case C-211/24 ) regarding the interpretation of the LEGO exception and its consequences in infringement proceedings. The reference for a preliminary ruling The Hungarian court noted that LEGO owned expired patents (such as US patent no.

Designs 60
article thumbnail

Patent Search and its Types in India

Kashishipr

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. Patent Search and its Importance.

Patent 78
Insiders

Sign Up for our Newsletter

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

article thumbnail

Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

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.” Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

article thumbnail

Patentability in India

Biswajit Sarkar Copyright Blog

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). This is called the patentability of an invention.

Patent 52
article thumbnail

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

Patently-O

The design patent drawings define the scope of the claimed invention, and so infringement analysis requires comparing the accused product against the patent drawings. With several wave patterns as prior art references, it is easy to see why the jury found that the particular wave pattern design was not infringed. Swisa, Inc. ,

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. Every patent is the grant of a privilege of exacting tolls from the public. The Framers plainly did not want those monopolies freely granted. John Deere Co.

Law 44
article thumbnail

Are Yoga Poses Copyrightable?

IP and Legal Filings

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. qualifies for copyright protection. Author: G.B.