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In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. student at National Law School of India University, Bengaluru.
In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. The AmeriKat has the t-shirt.now what?
She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Given the variety of objectives these models serve in healthcare , education , and research in science and technology , it is patent that humongous amounts of data drive them. How can the law address TDM activities?
In the case, the Second Circuit had sided with Sheeran -- affirming dismissal of the infringement claim based largely on a technical limitation of pre-1976 copyright law. Continue reading this post on Patently-O. Structured Asset Sales, LLC v.
February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.
While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patentlaw.
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases). The Court has been effective in resolving cases within a year.
in Intellectual Property and Competition Law at Munich Intellectual Property Law Center (MIPLC) are now open! From Law to Leadership: How the MIPLC LL.M. in Intellectual Property and Competition Law isnt just about gaining legal knowledge. PatentLaw , European and U.S. Copyright Law , European and U.S.
A European Patent Office (EPO) opposition is often the first line of defense for a party seeking to invalidate a European patent. Oppositions must be filed within nine months of the patents grant, and they offer a centralized way to revoke or limit the patent in all designated states.
2024 was a year of both big leaps and incremental advances in design law and practice globally. Years-long efforts came to fruition in the European Union and internationally with the Design Law Treaty, adopting significant advances and heralding greater global harmonization.
This following law seeks to protect a different type of IPRs, such as trademarks, copyrights, and patents. The protection of innovative ideas, technological developments, and unique brand identities is largely dependent on intellectual property rights (IPR), which promotes economic expansion and innovation.
Patent and Trademark Office faces unprecedented challenges as recent executive directives force dramatic changes to its operations. A joint letter from the Intellectual Property Owners Association (IPO) and American Intellectual Property Law Association (AIPLA) to Congress highlights that the patent application backlog is at a high point.
Republished by Blog Post PromoterVia the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader protection than design patents.
Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. student at National Law School of India University, Bengaluru. 64 of the Patents Act, 1970 (“the Act”). Bhuwan is a third year B.A., Petitioner”) under s.
Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patent applications and performing invalidity and infringement analysis.
The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.
Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.
reversing-in-part the District of Delaware's post-trial rulings of judgment as a matter of law (JMOL) of noninfringement in favor of Shibuya. Shibuya Hoppman Corp.,
Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. 72 lakhs for children (12 bottles) and Rs 1.86
Patent and Trademark Office (USPTO) will increase patent fees and even create some new ones. Effective January 19, 2025, the U.S. A Final Rule, issued Nov. 20, instituted a 7.5% across-the-board increase with new utility applications increasing by about 10%.
INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor.
The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory of several European Union Member States (18 states to date), and a unified jurisdiction (the UPC) competent to sanction infringement (..)
We are seeking a law student for a paid IP/Trademark internship ($25/hr) from May 2025 to August 2025 (dates are flexible, minimum 10 weeks is required). Our intern will have an interest in Intellectual Property law; solid research and writing skills; and attention to detail and deadlines.
23-2254 that a reissued patent receives patent term extension (PTE) based on the issue date of the original patent, not the reissue patent, agreeing with the district court. Aurobindo Pharma USA, Inc., By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Originally published in volume 38, issue 1 of the Harvard Journal of Law & Technology, February 2025.
101, the statute governing patent eligibility. AED) filed a petition for writ of certiorari, challenging the Federal Circuits summary affirmance under Rule 36 of a ruling that invalidated its patents under the Alice/Mayo framework. Supreme Court has once again been urged to revisit 35 U.S.C. Audio Evolution Diagnostics, Inc.
One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.
recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. Xockets, Inc. eBay world.
Since one of the companies against which the suit was filed is in Mumbai, Dhanush applied Section 12 of the Letter Patent Act, which allowed him to sue the company along with the other respondents. The defense concluded that the case was without merits, thus not violating copyright laws. 1] Llaiyaraja v.
In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). By: Troutman Pepper
This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts invalidity rates during litigation. Now we discuss how it impacts findings of infringement. By: Baker Botts L.L.P.
Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could not be marketed.
14, 2025), addressing whether a published patent application can serve as prior art in inter partes review (IPR) proceedings as of its filing date. 8,410,400 (the 400 patent), which covers LED-based. By: Hudnell Law Group The case arose from an IPR initiated by Samsung Electronics challenging claims of Lynk Labs U.S.
recent circular on procurement of drugs, non-obviousness test under the patentslaw, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. The Show Must Go On?
Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patentlaws of the country in which the invention was made. Are you a foreign business looking to apply for a US patent?
In 2024, design patentlaw encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. Looking back at last years design patent issuance statistics, we now take the time to determine whether, if at all, the issuance numbers.
Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). 2025), which upheld patent claims even though they covered after-arising technology that was not described or enabled in the specification. As Dennis noted, the Federal Circuit appeared to depart from well-established prior law on the subject.
This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.
Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain.
The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent UK Court of Appeal decision concerning patent amendments and the limits of post-grant claim scope adjustments. At first look, the phrase display of a computing apparatus seemed to point squarely at an electronic screen.
2025) that clarifies how patent term extension (PTE) is calculated for reissue patents. On March 13, 2025, the Federal Circuit issued a decision in Merck Sharp & Dohme B.V. Aurobindo Pharma USA, Inc., 23-2254 (Fed.
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