Patently-O

OCTOBER 23, 2021

Sisi Jiang: Sony Patent Lets Viewers Vote And Pay To Boot Players From Games (Kotaku). Commentary and Journal Articles: Atty. Alex Moss: Amicus Brief of Public Interest Patent Law Institute in Silbersher v. Peter Lee: Patent Law’s Externality Asymmetry (Source: SSRN). Source: USPTO.

Patent 69

Patent Journalism Intellectual Property Patent Law 69

IP and Legal Filings

DECEMBER 19, 2024

The Court determined that an underlying principle of patent law was that only if it had been novel and useful could an invention be issued and would thereby necessarily both be unique and useful. Articles from The Journal of Intellectual Property Law & Practice (Oxford University Press).

Technology 52

Technology Invention Patent Intellectual Property 52

IP and Legal Filings

AUGUST 18, 2021

One area of law that has been undergoing constant amendments due to changing technologies are patent laws. However, how are patent laws and AI interconnected? For one, there exists no clear-cut definition of AIs in any patent laws. AIs are considered as a subset of computer sciences.

Inventor 98

Inventor Invention Patent Law Patent Application 98

SpicyIP

JULY 18, 2024

I had earlier penned down an article titled ‘A Critical Examination of the Patent Enforcement Landscape in India’ – wherein I critically evaluated the quality of Indian patent enforcement framework (Journal of Intellectual Property Law and Practice, Volume 17, Issue 10, October 2022).

Design 103

Design Designs Patent Patent Application 103

Patently-O

AUGUST 4, 2021

In July 2021, South Africa’s patent office, the Companies and Intellectual Property Commission (CIPC), granted the South African DABUS patent application, which was published in the South African Patent Journal. Does substantive South African patent law preclude AI inventorship? Mr Meshandren Naidoo is a Ph.D

Invention 128

Invention Patent Inventor Intellectual Property 128

Patently-O

AUGUST 5, 2024

Patently-O is your premier source for news, information, and analysis in the world of patent law. And find occasional academic publications in the Patently-O Patent Law Journal. – Dennis Crouch The blog includes daily updates going back over 20 years.

Patent 45

Patent Journalism Patent Law Blogging 45

Patently-O

NOVEMBER 7, 2021

Commentary and Journal Articles: Prof. Glenn Cohen: Patents on Psychedelics: The Next Legal Battlefront of Drug Development (Source: SSRN). Peter Lee: Patent Law’s Externality Asymmetry (Source: SSRN). Mason Marks and Prof. Michel: Time to Fight Back Against Big Tech’s IP Assault (Source: Newsweek).

Patent Prosecution 69

Patent Prosecution Patent Journalism Intellectual Property 69

IPilogue

NOVEMBER 1, 2022

While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. The right to repair exception is the right of an owner of a patented article to make repairs to preserve its useful life.

IP 119

IP Intellectual Property Licensing Journalism 119

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims.

Trademark 59

Trademark Patent Copyright Patent Application 59

Patently-O

JULY 5, 2021

Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Mark McCarty: China’s Patent Law Now Permits Adjustments, Extensions of Patent Terms (Source: BioWorld). Alex Moss: Supreme Court Upholds Process to Challenge Bad Patents (Source: EEF).

Patent 58

Patent Journalism Patent Infringement IP 58

IP and Legal Filings

OCTOBER 26, 2021

Several documentations of traditional medical knowledge systems from repositories such as the Indian Journal of Traditional Knowledge and the Korean Journal of Traditional Knowledge are proposed to be included in the PCT’s minimum documentation. This is achieved by improving searches for ‘prior art’.

Intellectual Property 98

Intellectual Property Journalism IP Invention 98

The IPKat

SEPTEMBER 16, 2021

The authors must have been quite busy, particularly in the past two years, diligently tracking the frequent IP law revisions (Trade Mark Law, Anti-Unfair Competition Law Revisions in 2019; Copyright Law and Patent Law Revisions in 2020) and, of course, the promulgation of the Civil Code (and the IP-related provisions therein) in 2020.

Intellectual Property Law 131

Intellectual Property Law Intellectual Property Editing Law 131

SpicyIP

MAY 14, 2022

This year, we will be accepting entries from not only current law students but also those who completed their first law degree in 2019 or later. Two values that guided Shamnad through the course of his academic writing, were the need for transparency and democratic participation, during the process of making the law and implementation.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

Patently-O

AUGUST 21, 2022

Patent Officials To Rethink Intellectual Property On Drugs (Source: Fierce Pharma). Chisum: Fifty Years of Patent Law: The Top Ten Developments (Source: Chisum Patent Academy). Commentary and Journal Articles: Prof. Greg Reilly: Patent Office Power & Discretionary Denials (Source: SSRN).

Intellectual Property 53

Intellectual Property Patent Journalism Inventor 53

The IPKat

AUGUST 13, 2024

The patent system is a well-established, robust and effective way to protect innovation, and it makes sense for OpenAI to make full use of it. Further reading Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) (July 2022) Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

Patent 126

Patent Editing Inventor Patent Application 126

Patently-O

JUNE 19, 2022

Urges Supreme Court to Reject Apple Appeal in Qualcomm Patent Fight (Source: Reuters). Commentary and Journal Articles: Prof. Toby Walsh: Artificial Intelligence is Breaking Patent Law (Source: Nature). Roslyn Layton: To Strengthen American Jobs, Stop Abuse Of Patents And IP Laws (Source: Forbes).

Intellectual Property Law 53

Intellectual Property Law Intellectual Property Patent Journalism 53

Patently-O

OCTOBER 9, 2021

Blake Brittain: Merck, Pfizer’s Wyeth Settle Pneumococcal Vaccine Patent Dispute (Source: Reuters). Commentary and Journal Articles: Åke Blomqvist and Paul Grootendorst: Opinion: Canada should negotiate a fairer share of drug R&D costs (Source: Financial Post).

Patent 49

Patent Journalism Licensing Patent Law 49

Patently-O

FEBRUARY 26, 2023

Patents Go To Foreign Firms (Source: Forbes) Terje Solsvik and Essi Lehto: Nokia Signs New 5G Patent Deal with Samsung (Source: Yahoo Finance) Evelyn Cheng: Huawei Turns to Patents for a Lifeline — Including Those in The U.S.

Patent 45

Patent Journalism Inventor IP 45

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A. with honors from Emory University, where she was the articles editor of the Emory Law Journal. Chet Campbell focuses his practice on patent litigation at the U.S. from The George Washington University Law School in 2015.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Technology Litigation Patent 105

SpicyIP

JUNE 29, 2024

This omission drew significant attention, and when asked for comments, a BBIL spokesperson told The Hindu that their patent covers only the “process development” for making Covaxin, which includes an adjuvant licensed from ViroVax in Kansas. The strain used was procured from NIV, which also conducted variant testing.

Patent Application 64

Patent Application Inventor Patent Intellectual Property 64

IP and Legal Filings

MARCH 1, 2023

Professors and researchers are urged to apply for patents early in the research process, even before their findings are accepted for publication in prestigious journals. Promotions are also based on the number of patents, which will stimulate pointless rivalry.

Intellectual Property 96

Intellectual Property IP Government Invention 96

Kluwer Copyright Blog

MARCH 13, 2024

Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. licenses for specific uses).

Copyright 126

Copyright Art Licensing Contracts 126

The IPKat

OCTOBER 9, 2023

Nevertheless, due to the overlap of trade marks and other domains of IP, the AG considered it appropriate to interpret IP laws so as “to avoid the neutralisation of the common objectives of those domains and to ensure that they are satisfied in full, especially with a view to protect a system of undistorted competition in the market”.

Art 131

Art Trademark Design Designs 131

The IPKat

JULY 30, 2024

Furthermore, when purely AI-derived inventions become the norm within a field, the value of those individual "inventions" are unlikely to currently justify the monopoly of patent protection.

Inventor 77

Inventor Invention Designs Design 77

The IPKat

AUGUST 4, 2024

If there is one take away from the Guidance for the field of AI in precision medicine, it is that a lot of care must be taken with both invention capture and claim drafting if the pitfalls of US patent ineligibility are to be avoided. A closer look at the USPTO Guidance for AI-Assisted Inventions (July 2024)

Invention 74

Invention Inventor Patent Journalism 74

Patently-O

APRIL 16, 2024

Following a bench trial, a district court held the asserted claims of the IBS-D patents to be obvious over two primary prior art references: (1) a clinical trial protocol that had been published on the ClinicalTrials.gov website (“the Protocol”), and (2) a journal article (“Pimentel”).

Art 75

Art Patent Journalism Publishing 75

IIPRD

FEBRUARY 16, 2024

Day Bruce, Roots of Intellectual Property: Trade Secrets, Patents, Trademarks and Copyrights, 62, Journal of the Kansas Bar Association, pp. 18, Harvard Journal of Law & Technology. Gavin Dundas, Patents: A driving force in Formula One?

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

IPilogue

OCTOBER 19, 2022

David Vaver is a member of IP Osgoode’s Advisory Board, an I ntellectual P roperty Law Professor at Osgoode Hall Law School and an Emeritus Professor of IP & IT Law at the University of Oxford. A version of this paper is scheduled to be published in the Intellectual Property Journal. Thanks to Ronald M.

Copyright Infringement 105

Copyright Infringement Copyright IP Designs 105

SpicyIP

JUNE 21, 2024

Two values that guided him through the course of his academic writing, were the need for transparency and democratic participation, during the process of making the law and implementation. He was also playful in his writing, never afraid to think and communicate unconventionally.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property Law Blogging 49

LexBlog IP

JULY 21, 2021

” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). patentability standards. 7 Journal of Law and Biosciences 1 (2020) notes. Should one be given a patent to re-create the previously created?

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] India, Paris Convention and TRIPS.” ‘ Economic and Political Weekly’ 33, no.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. 2021 Patently-O Patent Law Journal 34. Tran & J.

Art 126

Art Journalism Patent Law Invention 126

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. 2021 Patently-O Patent Law Journal 34. Tran & J.

Journalism 105

Journalism Art Patent Law Invention 105

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

Journalism 56

Journalism Trademark Patent Patent Law 56

The IPKat

OCTOBER 31, 2023

His contribution to the understanding of patent law through his editorship of the CIPA Guide to the Patents Acts and his monthly case reports in the CIPA journal cannot be overstated. Alan was a patent attorney and a solicitor and worked both in house and at Allen & Overy.

Journalism 63

Journalism Reporting Patent Law Law 63

Fish & Richardson Trademark & Copyright Thoughts

MARCH 31, 2021

Trial attorney Betty Chen was recently interviewed by Corporate Counsel Business Journal for the article, “Keeping Pace with Ever-Evolving Intellectual Property Disputes.” This goes for patent litigation in many technology areas, but it is acutely true for litigation based on SEP portfolios.

Journalism 40

Journalism Business Litigation Intellectual Property 40