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

Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 128

Patently-O

SEPTEMBER 6, 2022

The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). iii) from the news media, 31 U.S.C.

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Patent Law Law Patent Prosecution Patent 61

SpicyIP

JANUARY 18, 2023

The Comparative Analysis section almost exclusively focuses on patent practices of developed countries. The monograph would have come across as more balanced had the authors looked at and examined the literature and arguments effectiveness and importance of oppositions in pharmaceutical applications. of patent applications)?

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Patent Application Reporting Public Domain Patent 141

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

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Invention Inventor Patent Moral Rights 98

SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v.

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Patent Art Invention Patent Application 105

Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

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Art Branding Brands Branding 124

The IP Law Blog

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States.

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Law Patent Invention Intellectual Property 109

JD Supra Law

NOVEMBER 14, 2022

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel doctrine has been stipulated many times.

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Patent Patent Application Patent Infringement Patent Law 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.

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Licensing Technology Litigation Patent 105

Patently-O

JULY 9, 2024

This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.

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Patent Invention Patent Application Art 108

IP Watchdog

JULY 15, 2022

In its decision, the court, while setting a new test, rejected, for the second time, a problem-solution approach to claim construction followed by the Canadian Intellectual Property Office (CIPO) in examining patent applications.

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Invention Intellectual Property Patent Application Patent Law 64

The IP Law Blog

MARCH 16, 2023

Moderna also states that Pfizer/BioNTech’s patents did not originally cover the technology that Moderna used, but that Pfizer/BioNTech’s patent applications were amended after Moderna’s patent applications (which disclosed Moderna’s technology) had been published.

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Technology Licensing Patent Application Patent Infringement 98

The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. Supreme Court denied the petition, ending this litigation, but a number of questions remain. Hormel conducted testing at Unitherm and later at Hormel.

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Inventor Invention Art Patent 110

LexBlog IP

AUGUST 3, 2022

The Seventh Circuit issued this week a long-awaited opinion in the HUMIRA antitrust litigation, UFCW Local 1500 Welfare Fund v. “The patent laws do not set a cap on the number of patents any one person can hold—in general, or pertaining to a single subject.” AbbVie Inc.

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Litigation Settlement Marketing Marketing 40

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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Law IP Intellectual Property Intellectual Property Law 52

Patently-O

SEPTEMBER 4, 2024

by Dennis Crouch In patent litigation, we continue to see enhanced focus on qualifying (i.e., And, expert testimony is a legal necessity in most patent cases both for damages calculations (damages expert) as well as for validity and infringement (technical expert). disqualifying) expert witnesses.

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Invention Patent Law Patent Application Art 45

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. The subject matter of the patented invention must be new at the time of filing a patent application.

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Patent Troll Marketing Marketing Patent 86

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

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). A patent is territorial in nature.

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Patent Invention Patent Application Government 52

Kashishipr

OCTOBER 20, 2021

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement.

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Patent Intellectual Property Inventor Government 105

SpicyIP

FEBRUARY 15, 2023

The ratio set by them are so diverse that, in an adversarial proceeding such as patent prosecution or litigation, the opposite parties may pick their respective chosen or desired positions based on any of them, and no clear conclusion could be arrived at. 31, emphasis added].

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Invention Patent Application Patent Patent Prosecution 98

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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Litigation Law Patent Invention 52

IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] application; and (d) “relevant and not related to unique aspects of foreign patent law.”[xi].

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Patent Law Invention Patent Application Art 52

LexBlog IP

MAY 10, 2022

” The crackdown follows years of criticism that the Chinese patent system was being abused by “patent trolls” who filed frivolous lawsuits or submitted low-quality applications in order to extort money from companies. Seeking assistance with your foreign patent application? Patent Attorney.

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Patent Intellectual Property Patent Application Patent Troll 52

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent.

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Patent Application Patent Invention Inventor 52

The IP Law Blog

JUNE 9, 2022

If, however, the article has an ornamental design but is also functional, it may be the subject of both a design patent and a utility patent. In order to obtain a design patent, the applicant must file a patent application. A design patent has several advantages over a utility patent.

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Design Patent Designs Design Patent 52

The IP Law Blog

FEBRUARY 16, 2023

A patent applicant is not entitled to a patent when the claimed invention was “in public use… more than one year prior to the date of the application for patent in the United States.” The attendees, however, were given a brochure with a photograph and description clearly identifying the plant.

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Public Use Patent Invention Confidentiality 98

SpicyIP

JULY 25, 2023

In this regard, the scientific community can learn from gene patent litigation strategies adopted in the past, in countries like the US (Myriad as discussed below), to help courts and policy makers craft solutions that balance the interests of both the inventing community and public health needs. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97

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. India-EFTA and Patent rules : How it hurts Section 8. Article 13.2

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Patent Patent Application Intellectual Property Law 72

Garrigues Blog

APRIL 5, 2022

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. c) of the Patents Law and article 138.1

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Patent Patent Application Art Blogging 72

Patent Trademark Blog

FEBRUARY 21, 2022

Does it matter where you live or where your patent attorney lives? Some might disagree, but I would argue that your location does not matter if you’re looking for a patent attorney to file patent applications. If you need a patent litigator, then location may play a bigger role.

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Patent Patent Application Invention IP 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 5, 2023

In considering the first factor, the court recognized that state-law tort claims based on the communication of patent rights, such as HBL’s tortious-interference and defamation claims, “are preempted by federal patent laws, unless the claimant can show that the patent holder acted in bad faith.”

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Patent Infringement Patent Intellectual Property Law Litigation 52

The IPKat

SEPTEMBER 21, 2022

On the subject of EU trade mark law, the panel concluded from the General Court’s decision in T-65/20 Kneissl that the requirements to prove genuine use of a trademark in the EU remains strict and in line with the EUIPO’s (in)famous BIG MAC decision : It is no longer “use it or lose it” but rather “use it – and specifically prove it – or lose it”.

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IP Reporting Designs Design 78

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

The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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IP Intellectual Property Law Law Invention 69

The IPKat

JULY 16, 2024

This tome was first published in 1884 by Thomas Terrell, and in the 140 years since, has become a well-established authority for patent practitioners and judges, providing thorough commentary on both the substance and practice of UK patent law.

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Law Editing Patent Intellectual Property 64