JD Supra Law

OCTOBER 3, 2024

16, 2024) - On September 16, 2024, a special master for the Northern District of Georgia issued a report and recommendation to deny Ionic Air Care’s motion for summary judgment that Aviation Clean Air’s patents were invalid under the “public use” and “on-sale” bars to patentability of 35 U.S.C. § By: Irwin IP LLP

Public Use 62

Public Use Reporting IP Patent 62

TorrentFreak

JULY 13, 2023

. – AGCOM will be given powers to order service providers, including network access providers, to disable access to content distributed illegally online, by “blocking the resolution of domain names using the domain name system (DNS) and blocking the routing of network traffic to IP addresses uniquely intended for illicit activities.”

Law 98

Law IP Social Media Business 98

Intepat

DECEMBER 25, 2024

Balancing Fair Use and Public Access Challenge: Ensuring databases creators rights while allowing access for research and public interest poses a challenge, especially for public-interest databases.

Copyright 52

Copyright Intellectual Property Copyright Law Fair Use 52

IP and Legal Filings

JULY 8, 2022

b) an industrial design that is contrary to public order or morality. (c) Author: Saransh Chaturvedi (Advocate, LLM (IIT Kharagpur) – in case of any queries please write back us via email at support@ipandlegalfilings.com or at IP And Legal Filings.

Registration 96

Registration Designs Design Copying 96

LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. § 101 rather than a plant patent under 35 U.S.C. §

Public Use 52

Public Use Patent Invention Confidentiality 52

IP Law 360

MAY 15, 2024

and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan. A comparison of recent U.S.

Patent 52

Patent Public Use Art 52

LexBlog IP

FEBRUARY 21, 2023

9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § The Federal Circuit then pointed out that at the time of the public use, the technology was “ready for patenting.” § 102(b).

Invention 52

Invention Public Use Inventor Confidentiality 52

IPilogue

MARCH 27, 2023

Therefore, although someone may use the original version of Mickey Mouse in a work, they are not able to use this version of Mickey Mouse for any branding purposes or any purpose that would cause consumers to be confused about the source of the Mickey Mouse product.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

Intellectual Property Brief

MARCH 23, 2023

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. Minerva Surgical Inc. filed a patent for a medical device called the Aurora. The Aurora is.

Public Use 52

Public Use Technology Marketing Marketing 52

IP Tech Blog

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 57

Invention Confidentiality Public Use Patent 57

IP and Legal Filings

NOVEMBER 11, 2024

Author: Priyal Bansal, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney. Berachah Sales Corporation & Ors., Facebook Twitter LinkedIn WhatsApp The post Haldiram India Pvt. Berachah Sales Corporation And Ors.,

Trademark 88

Trademark Brands Branding Branding 88

IP Law 360

NOVEMBER 14, 2022

The Ninth Circuit on Monday solidified a trademark win by former Politico reporters who started Punchbowl News, ruling that the publication's use of a Boston party and event planning startup's "Punchbowl" trademark is beyond the Lanham Act's scope.

Public Use 40

Public Use Reporting Trademark 40

IP and Legal Filings

APRIL 23, 2024

The eminent domain is the power of the sovereign to acquire property of an individual for public use without the necessity of his consent. Eminent Domain was a policy adopted by Britishers against the tribal land which is similar to nowadays ‘eminent domain’ policy followed by the State. This power is based on sovereignty of the State.

Publishing 105

Publishing Settlement Ownership Business 105

LexBlog IP

FEBRUARY 14, 2023

A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. A basic typeface is a set of characters and numerals, e.g., each of the 26 letters and the numerals 1 through 10.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

NOVEMBER 7, 2021

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

Patent 40

Patent Invention Patent Application Public Use 40

LexBlog IP

FEBRUARY 7, 2024

against a news publication using the term “Punchbowl,” even though the publication was an expressive work. The Ninth Circuit, relying on Jack Daniel’s, also recently refused to apply Rogers and revived a trademark infringement suit brought by Punchbowl, Inc. Read more

Trademark 52

Trademark Public Use Designs Design 52

Intepat

OCTOBER 6, 2024

For instance, if a patent has been granted in India but not in the United States, anyone can legally use, sell, or manufacture the invention in the United States without permission. MYTH 5: IT’S FREE TO USE IF IT IS ON THE INTERNET Anything available online is not free for public use. appeared first on Intepat IP.

Patent 52

Patent Invention Public Domain Intellectual Property 52

Kashishipr

NOVEMBER 10, 2021

To Facilitate Governmental Use : The governmental use of a patent is regarded as based on ’eminent domain,’ which means that the government can acquire private property to make public use possible.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Garrigues Blog

JANUARY 12, 2022

To qualify for the “prior use” exception, the third party must have acted in good faith and the preparation acts carried out before the priority date must have been oriented towards real commercial use of the invention. All of us at the Garrigues IP Blog would like to wish you a very happy new year.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

LexBlog IP

OCTOBER 3, 2022

The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. Patent rights under federally funded research.

Contracts 52

Contracts Invention Licensing Government 52

IP Intelligence

JULY 19, 2024

Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO. Implications for Patent/Trademark Prosecutors and Holders The U.S.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

IPilogue

FEBRUARY 8, 2022

This means that this name has become the name the public uses broadly to identify the goods or services and no longer identifies the brand. For example, escalator used to be a trademark, but is now generically used to identify all types of moving staircases.

Trademark 105

Trademark Registration Registering Trademarks Brands 105

LexBlog IP

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 52

Invention Confidentiality Inventor Public Use 52

Patently-O

MAY 19, 2022

A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Duncan Parking Techs., 3d 1347 (Fed. a) Novelty; Prior Art.—A

Invention 56

Invention Inventor Art Patent 56

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

IP and Legal Filings

JANUARY 9, 2025

Monitor for Infringement Tracking use of the trademark in the marketplace will immediately follow by sending cease-and-desist letters and pursuing other legal action when necessary. Maintain Records Carefully record the way the trademark is utilized in commerce in any possible media such as promotional, sales, or marketing materials.

Trademark 52

Trademark Cease and Desist Brands Branding 52

LexBlog IP

SEPTEMBER 27, 2023

If a trademark registration in a member country is the object of a cancellation action for lack of use, the owner may defend the registration by evidencing sufficient, continuous, and public use of the trademark in any of the countries of the Andean Community.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 27, 2023

If a trademark registration in a member country is the object of a cancellation action for lack of use, the owner may defend the registration by evidencing sufficient, continuous, and public use of the trademark in any of the countries of the Andean Community.

Trademark 52

Trademark Registration Marketing Marketing 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

IP Whiteboard

AUGUST 30, 2020

communicate the work to the public. Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. an exception permitting the use does not apply. Texteam Blackburn Limited and Another [1973] F.S.R. 241, [255]. [5]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IPilogue

MARCH 27, 2023

Therefore, although someone may use the original version of Mickey Mouse in a work, they are not able to use this version of Mickey Mouse for any branding purposes or any purpose that would cause consumers to be confused about the source of the Mickey Mouse product.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

LexBlog IP

APRIL 19, 2023

Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

Trademark 52

Trademark Registration Marketing Marketing 52

43(B)log

FEBRUARY 19, 2022

Jessica Silbey: Aesthetics, politics, and religion as categories that the Court uses. IP keeps the categories separate for exceptions purposes, but the SCt probably doesn’t. Do you really want to flatten that out in IP? How would you understand megachurch/religion as big business. What do we do with that?

Trademark Law 72

Trademark Law Trademark Art Brands 72

Intepat

JANUARY 17, 2023

No exclusivity can be claimed over anything which is not disclosed in the complete specification and would subsequently become open to public use. The post Understanding The Patent Specification Of An Invention appeared first on Intepat IP.

Invention 52

Invention Patent Public Domain Inventor 52

LexBlog IP

OCTOBER 24, 2022

Identification of any publication, sale, offer for sale, or public use of the subject invention, or publication of the invention. If the subject invention was submitted for publication, it should also indicate whether the invention was accepted for publication.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52