Patent Trademark Blog

APRIL 5, 2023

One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Our foreign patent experience has enabled us to counsel our clients on what to expect when filing patents worldwide.

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Patent Patent Application Litigation IP 98

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.

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SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 103

Selvam & Selvam Blog

NOVEMBER 17, 2022

In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed.

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The IPKat

AUGUST 13, 2024

This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. This year, eleven OpenAI patents and patent applications have been published.

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The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech claims that Moderna did not give credit to scientists at Pfizer/BioNTech and NIH who developed the underlying technology and that Pfizer/BioNTech had invented and patented aspects of the technology that Moderna used before it had obtained its patents. Pfizer/BioNTech, of course, declined to take a license.

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Technology Licensing Patent Application Patent Infringement 98

The IP Law Blog

MARCH 30, 2023

Patents offer many advantages to individuals and companies. For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. In some industries, patents may even be essentially required to enter the market and compete successfully.

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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. Apple Retail UK Ltd.

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Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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The IP Law Blog

JULY 15, 2021

Explain whether the state of patent eligibility jurisprudence in the United States has caused you to change business strategies for protecting your intellectual property, such as shifting from patents to trade secrets, or vice versa.

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SpicyIP

SEPTEMBER 19, 2023

The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain.

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Patent Patent Prosecution Patent Application Publishing 98

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Product patent- This law is important for providing safeguards to products.

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Patent Inventor Invention Intellectual Property 105

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The original patent application was filed Feb 9, 2021 –one year and two days later and outside the one year grace period. by Dennis Crouch. Venture (Fed.

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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. And further restricting policy levers such as compulsory licensing. Article 13.2

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Patent Patent Application Intellectual Property Law 72

LexBlog IP

JULY 31, 2023

In this episode, Yuri delved into the transformative potential of AI in IP Law, offering a glimpse into the future of this exciting field. Let’s dive into the key points discussed: AI in Patent Law : Yuri discusses the potential of AI in the field of patent law.

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The IP Law Blog

FEBRUARY 2, 2023

To be patentable, however, both designs and functional inventions must satisfy two requirements. Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). The patent covered a design for a vehicle front fender.

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Patently-O

AUGUST 21, 2022

Recent Headlines in the IP World: Blake Brittain: Search For New Patent Hub Begins After Court Ends Waco’s Hold On U.S. Foo Yun Chee: Illumina Offers Patent Licenses To Rivals, Patent Truce With BGI – Sources (Source: Financial Post). Greg Reilly: Patent Office Power & Discretionary Denials (Source: SSRN).

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SpicyIP

MARCH 7, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. Microsoft v.

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The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

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SpicyIP

AUGUST 13, 2024

Lastly, I contrast the outcome of the judgement with MHC’s decision in Microsoft Technology Licensing, LLC , wherein the Court had granted the patent without looking into the question of enablement, independent of the 3(k) inquiry. The Patent Office rejected the patent application u/s.

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Selvam & Selvam Blog

JULY 26, 2024

A patent in India grants an inventor the exclusive right to prevent others from making, using, selling, or distributing the patented invention without permission for a period of 20 years from the filing date of the patent application.

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Patent Trademark Blog

SEPTEMBER 28, 2022

If you filed any foreign patent applications, make sure to get the contact information of the foreign associate for each case. Find Out Which Patent Applications Are Related. For example, let’s say a pending US utility nonprovisional patent application is related to an international PCT application.

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LexBlog IP

MAY 10, 2022

This case is China’s first patent linkability case since the implementation of the new Chinese Patent Law. Patent linkability refers to a newly implemented system of Article 76 of the Patent Law of the People’s Republic of China. Seeking assistance with your foreign patent application?

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Intellectual Property Patent Marketing Marketing 52

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

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Intellectual Property Patent Inventor Licensing 52

LexBlog IP

MARCH 23, 2022

Patent applicants fall under a variety of statuses that are determined by their relationship to other entities, the number of patents they own, and the type of patents they own. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application.

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The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Lastly and most importantly, the company should understand who they are doing business with.

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SpicyIP

SEPTEMBER 8, 2024

Some of the most telling stories on the topic revolve around CSIR’s troubling silence on royalties earned from licensing its patents—an issue Prashant addressed extensively in his posts (see e.g., see here , and here ). crore on securing patents in India and abroad, and refused to disclose its revenues from patent licensing.

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SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. From a policy perspective, pre-grant oppositions are excellent policy.

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Patently-O

MAY 21, 2024

It remains to be seen whether those traditional design patent considerations will continue. As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued. Design Patent No.

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IP Intelligence

MARCH 31, 2022

The new combined petition option (and the original petition option) offers an easy path to expedite initial examination of a patent application under “special” status without incurring government fees or fulfilling other requirements under 37 CFR § 1.102. The Expanded CSP program is currently active through Oct.

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Intellectual Property Patent Application Patent IP 52

IP and Legal Filings

JANUARY 21, 2022

Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. The contention of Samsung was to set a global license rate for Ericsson’s SEP. Image Source: gettyimages]. Chinese market. Meanwhile, Ericsson sued Samsung for breach of FRAND terms.

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Traverse Legal Blog

NOVEMBER 16, 2021

issued patents , pending patent applications, registered trademarks, pending trademark applications , copyrights , trade secrets , etc.) correspond to the most important products/services of the target and to those of the potential buyer. that may be affect the the potential buyer.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. Use consistent terminology in the claims and specification.

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Intepat

OCTOBER 6, 2024

MYTH 2: A GOOD IDEA ALONE IS ENOUGH FOR PATENT FILING Patent applications are detailed and require information about different aspects of the invention; therefore, mere outlining of the idea, no matter how good it is, cannot be patented without explaining the workings and the practical aspects of that idea.

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Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. Cross-licensing agreements also enable access to external technology.

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The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Absent the advent of Artificial General Intelligence, patent inventorship thus remains within the human realm. In Scenario 1 , a patent application is prepared for the transaxle as outputted by the AI system.

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Intepat

OCTOBER 6, 2024

While most patent offices, including the United States Patent and Trademark Office (USPTO), have ruled that AI cannot be listed as an inventor, the debate continues. As AI technologies evolve, regulators and lawmakers may need to revisit patent laws to accommodate the unique challenges posed by AI innovation.

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