The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? 59 (4) of the Patents Act, Botschaft , 11, 12).

Patent 103

Patent Patent Application Invention Intellectual Property 103

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)?

Patent Application 141

Patent Application Reporting Public Domain Patent 141

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. Vennootschap (Sr.

Trademark 59

Trademark Patent Copyright Patent Application 59

Patently-O

OCTOBER 16, 2023

The decision casts doubt on the viability of pending continuation applications over a long period, even absent any evident applicant delay — especially in situations where new claims are drafted in response to emerging technologies or market demands. What market developments have occurred since the original filing date?

Patent 126

Patent Patent Prosecution Invention Inventor 126

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

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.

Patent 105

Patent Inventor Invention Intellectual Property 105

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets.

Business 98

Business Inventor Patent Licensing 98

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.

Law 109

Law Patent Invention Intellectual Property 109

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.

Patent 52

Patent Intellectual Property Patent Application Patent Troll 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. 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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

OCTOBER 7, 2023

Further, a global FRAND rate must account for, inter-alia , the following (i) market presence of the implementer will vary in different jurisdictions and (ii) patent portfolio of the SEP holder might be stronger in some jurisdictions; else the determined rate will not reflect the true worth of SEP holder’s portfolio.

Licensing 105

Licensing Technology Litigation Patent 105

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?

Intellectual Property 52

Intellectual Property Patent Marketing Marketing 52

SpicyIP

OCTOBER 9, 2024

This system recognises that innovation often builds upon previous work, which can arise from natural advancements or market feedback. Unlike standard patents, which cover entirely new inventions, patents of addition enable inventors to safeguard their enhancements while the original patent remains protected.

Patent 104

Patent Invention Reporting Inventor 104

Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #4: Even if I publicly disclose my invention, I can still get a patent application filed by the 12-month mark from the disclosure, without any repercussions.

Patent 52

Patent Invention Patent Application Intellectual Property 52

The IPKat

SEPTEMBER 23, 2021

Legal Background: Duty of disclosure and inequitable conduct Patent applicants and attorneys prosecuting patent applications at the USPTO have a duty to disclose information that is material to the patentability of the intention ( 37 C.F.R. As such, the patent application indicated, a formulation of pH of 2.8-3.3

Patent Prosecution 59

Patent Prosecution Patent Patent Application Art 59

Garrigues Blog

NOVEMBER 8, 2022

Under the European Patent Convention (EPC) and national patent regulations in the countries that adhere to the Convention, which include Spain, an invention is patentable if it fulfills, among other requirements, the inventive step requirement ( article 54(1), (2) EPC and article 4(1) of Patents Law 24/2015 ).

Patent 52

Patent Invention Patent Application Inventor 52

LexBlog IP

DECEMBER 6, 2021

However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product. Keep in mind; our patent system is a first-to-file patent system – meaning, it will generally only award patent rights to the first patent applicant.

Intellectual Property 52

Intellectual Property Patent Application Invention Brands 52

Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?

Design Patent 52

Design Patent Patent Patent Application Designs 52

IP and Legal Filings

JANUARY 21, 2022

With vigorous marketing of patent portfolios, it becomes necessary that those dispute settlements must be done on an amicable basis. Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. Chinese market. Image Source: gettyimages].

Confidentiality 52

Confidentiality Marketing Marketing Licensing 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.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. Functional claiming is a constant lure for patent drafters. But, for now at least, the miracle resurgence of MPF remains elusive.

Invention 64

Invention Patent Application Technology Patent 64

Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

Inventor 40

Inventor Patent Invention Patent Application 40

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.

Law 64

Law Editing Patent Intellectual Property 64

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

The commercialization of biotechnological innovations has become a major driver of patent activity. Biotech companies recognize the value of securing intellectual property rights to bring their products and therapies to market, resulting in a surge in patent applications.

Invention 59

Invention Patent Intellectual Property Technology 59

IP and Legal Filings

APRIL 5, 2022

Within a single indigenous society, there are several examples of significant applications of local flora or animals. Corporations may become aware of these applications and want to patent and market them for their own benefit. A few of the most well-known examples of pharmaceutical biopiracy are listed here.

Invention 93

Invention Inventor Business Patent 93

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. The benefits of patenting are manifold.

Patent 52

Patent Intellectual Property Ownership Invention 52

LexBlog IP

SEPTEMBER 8, 2021

Knowing this, a friend recently directed me to a podcast from a well-known marketing guru who was giving advice about intellectual property, and patents in particular, during one of his episodes. Many investors may also want to invest before you have the issued patent in hand as a way to keep investment costs lower.

Invention 52

Invention Patent Intellectual Property Inventor 52

SpicyIP

SEPTEMBER 8, 2024

Underscoring the irony, he observed that some of the patents TKDL opposed in the U.S. and Europe were also filed in India and may proceed to grant—since TKDL doesn’t offer the same services to the Indian Patent Office as it does to the USPTO and EPO. The good thing is that this reporting got traction. See e.g., here , here , and here.

Advertising 111

Advertising Advertising IP Patent 111

Intepat

OCTOBER 6, 2024

As a result, businesses are leveraging patents to secure their innovations in green technology, ensuring they stay competitive in a market that values sustainability. 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.

Patent 52

Patent Intellectual Property Inventor Technology 52

IP and Legal Filings

MARCH 27, 2024

Since the tentative specification date in 2002, the Respondent has refrained from expressing any objections, even subsequent to the launch of the product (Bajaj Pulsar motorbike) onto the market. However, in 2007, the Respondent made the decision to submit a revocation petition to the IPAB for the first time.

Invention 94

Invention Patent Patent Infringement Technology 94

LexBlog IP

MARCH 5, 2023

Lite-Netics brought a patent infringement action against HBL, and sent two notices, one before filing suit and one after, to its customers (some of which were also HBL customers), informing them of allegedly infringing competitors in the market and stating Lite-Netics’s intent to enforce its patent rights.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Law Litigation 52

LexBlog IP

APRIL 19, 2023

Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. Sellers need to be aware of competitor patents before introducing a product to the market. This can lead to expensive “false marketing” litigation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

AUGUST 3, 2022

created a “patent thicket” around HUMIRA to block biosimilars from entering the market and entered into “reverse payment” settlement agreements with biosimilar applicants to further delay entry. market until 2023.” ” But the panel noted that, taking the U.S.

Litigation 40

Litigation Settlement Marketing Marketing 40

LexBlog IP

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Brands 52

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. 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.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The IPKat

AUGUST 24, 2023

At that time, the Opposition Division (OD) of the EPO, as well as the UK and Dutch Courts had already revoked the patent. Novartis kept Mylan out of the Belgian market for a year before the Technical Board of Appeal (TBA) definitively revoked its patent in September 2011.

Litigation 52

Litigation Law Patent Invention 52