SpicyIP

AUGUST 1, 2021

The Report recommends allowing the patenting of plants and seeds, with the Government becoming a co-owner with private players. It further recommends making available these patents to farmers at a subsidized rate and charging market value for private players. Concluding Thoughts.

Reporting 108

Reporting Patent Law Law Patent 108

Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

Patent Law 96

Patent Law Law Inventor Patent 96

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope. EL’s patent eventually issued in October 2023, with the claim as listed above.

Patent Law 78

Patent Law Law Patent Patent Application 78

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

Planning for generic entry on the branded side starts years before any exclusivities expire and generics can enter the market. So any changes in the legislative framework can affect both branded and generics’ companies’ market forecasting and strategic planning.

Patent Law 90

Patent Law Patent Brands Branding 90

IP and Legal Filings

NOVEMBER 7, 2022

Businesses can use this intangible right to gain a competitive edge in the market. On the other hand competition law aims to maximize social welfare by condemning monopolies. The goal of competition law is to ensure fair functioning of the market. [1] 2] Hence it can be said that IP is pro-competition. CONCLUSION.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

LexBlog IP

SEPTEMBER 6, 2023

Upcoming Changes in Korean Patent Law for 2024 by John DeStefano Understanding the 2024 Korean Patent Law Amendments As champions of innovation and protectors of intellectual property, it is vital for us to stay informed about the most recent developments in patent law worldwide.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

SpicyIP

FEBRUARY 17, 2025

Relies too heavily on similar functionality of headnotes to improve search tools, ignoring that such functional aspects fall outside copyright’s scope and within patent law’s domain; 2. The findings about potential AI training markets and intermediate copying could create significant impediments to technological innovation.

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Copying Fair Use Copyright Copyright Law 69

The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

The IPKat

MARCH 2, 2022

While personalized medicine seems to be an essential of modern healthcare, it is also rather unclear how innovations that are developed for its purposes align with patentability requirements and, in general, the way the patent system operates. He teaches European, U.S

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. The basic idea here is that an obvious valuable invention would already be in the market place. Market Share vs Sales Numbers : The Board also held that market share evidence (rather than merely sales numbers) is required for a showing of commercial success.

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Invention Art Marketing Marketing 126

JD Supra Law

NOVEMBER 13, 2024

market, understanding the intricacies of U.S. patent law becomes increasingly important. market, being the largest for medical technologies, presents both opportunities and challenges. As European medtech companies look to expand their presence in the U.S. Originally published in IPWatchdog - October 31, 2024.

Patent 68

Patent Marketing Marketing Patent Law 68

LexBlog IP

NOVEMBER 16, 2021

announced that China’s National Medical Products Administration has accepted the marketing authorization application for BAT1806, a biosimilar of Roche’s Actemra ® (tocilizumab), which is a recombinant humanized monoclonal antibody targeting the interleukin-6 receptor (IL-6R). On November 8, 2021, Bio-Thera Solutions, Ltd.

Patent Law 52

Patent Law Law Patent Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 10, 2020

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. signed in January that aimed to incorporate aspects of American patent law into the Chinese legal system.

Patent Law 51

Patent Law Law Patent Prosecution Patent 51

JD Supra Law

JULY 19, 2024

and Hikma Pharmaceuticals PLC presents a fascinating intersection of patent law, FDA regulatory strategy, and pharmaceutical marketing. Patents 9,700,537 and 10,568,861, owned by Amarin, which describe methods of reducing cardiovascular risk by administering icosapent ethyl, a compound found in the drug Vascepa®.

Patent Law 73

Patent Law Marketing Marketing Law 73

SpicyIP

FEBRUARY 23, 2023

They may not qualify as ‘inventions’ under the high standards of patent law but they are innovations nonetheless and ones that can go a long way in making positive societal changes. Patents or external awards/recognition do not always result in marketable products.

Marketing 126

Marketing Marketing Invention Patent 126

SpicyIP

DECEMBER 2, 2024

Other Posts Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024) Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law by Adarsh Ramanujan, FCIArb is being released on December 4, 2024 at the Delhi High Court. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

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

SpicyIP

MARCH 11, 2025

Further, the case also involves the fundamental issue of limits of patent monopoly especially in critical areas like lifesaving medicines. The general understanding is that patent law needs to balance the private and public interests, i.e., the interest of the patent holders vis a vis public interest like access to medicines.

Licensing 105

Licensing Government Patent Law 105

IPilogue

OCTOBER 14, 2022

But this relationship soured soon after, with Sonos accusing Google of monopolistic practices and of using patent laws to squash competition from small companies. Sonos also says that Google has been undercutting its prices to crowd competitors out of the market. Neither company has a history of using patent laws offensively.

Patent Infringement 105

Patent Infringement Patent Technology Patent Law 105

JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 98

Litigation Patent Intellectual Property Brands 98

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

IP and Legal Filings

DECEMBER 19, 2024

Monopolies raise ethical issues because a few organizations command a disproportionate amount of market power that may stifle competition and inhibit innovation. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

Technology 52

Technology Invention Patent Intellectual Property 52

IPilogue

MARCH 3, 2022

In 2021, the global 3D bioprinting market was valued at CAD $491.34M and is expected to grow from there. 3D Bioprinting & Canadian Patent Law. From an intellectual property law perspective, could 3D bioprinted material be patented? 3D Bioprinting in the Cosmetics Industry.

Intellectual Property 105

Intellectual Property Technology Intellectual Property Law Patent Law 105

IP Close Up

FEBRUARY 11, 2025

On the current episode of Understanding IP Matters, the popular podcast series, Andrei Iancu, Undersecretary of Commerce for Intellectual Property and Director of the U. Continue reading

Patent Law 56

Patent Law Intellectual Property Law IP 56

LexBlog IP

DECEMBER 21, 2023

The Federal Circuit noted that it saw no reversible error in that determination, whether viewed as a factual one about the level of success or a legal one about the weight of any such success in the overall obviousness analysis, and noted that the Board did not require Incept to provide market share data but instead weighed the evidence provided by (..)

Patent Law 52

Patent Law Patent Law Art 52

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ). 35 U.S.C. § 355(j)(2)(A)(vii)(IV).

Branding 87

Branding Brands Branding Marketing 87

IP Law 360

JULY 31, 2024

A ruling out of a Delaware federal court on Wednesday prevented a major Japanese pharmaceutical company from using patent law to block an Indian rival's efforts to market a generic version of a blockbuster kidney disease treatment.

Patent Law 52

Patent Law Marketing Marketing Law 52

Patently-O

FEBRUARY 13, 2024

.” But, Sonos’ prosecution approach in the case is a widespread practice in the field and so the case raises significant questions about both patent enforcement strategies and equitable loss of rights based upon “late claiming” where claims are amended in response to market conditions.

Patent 98

Patent Patent Prosecution Patent Law Marketing 98

The IPKat

AUGUST 28, 2021

Our SpecialKat Chijioke Okorie published an instructive post on South Africa’s patent laws and how the absence of a definition for ‘inventor’ enabled South African authorities to register the DABUS patent. This InternKat reviewed ‘The Transformation of EU Geographical Indications Law’ by A.

Patent Troll 72

Patent Troll Inventor Marketing Marketing 72

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

Law 95

Law Business Marketing Marketing 95

The IPKat

JANUARY 2, 2022

A recent example of how the metaverse will include digital fashion is the conflict between Hermès and MetaBirkins over allegedly trademark-infringing non-fungible tokens ("NFTs") that were marketed as MetaBirkins without Hermès' permission.

Blogging 127

Blogging IP Non-Fungible Tokens Cease and Desist 127

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

More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. 3-D Printing and Copyrights, Patents, or Trademarks. Be sure to consult with an experienced patent attorney on how best to claim your new 3-D printing innovation so that it is worthwhile.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

The IPKat

AUGUST 6, 2021

Patent GuestKat Léon Dijkman published his farewell post, concerning amendments to German Patent Law. Other GuestKat Frantzeska Papadopolou reviewed a recent CJEU ruling concerning marketing authorisation for medicinal products. Said amendments limit the patentee’s entitlement to an injunction in infringement proceedings.

Television 69

Television Copyright Marketing Marketing 69

IP and Legal Filings

JULY 9, 2024

Descriptive marks may sometimes be protected, in case they have become distinctive as a result of repeated use and being recognized in the market by consumers. First of all, these visual marks must be distinctive: they must be easily recognizable by consumers, and must not be confused with any other marks on the market.

Trademark 98

Trademark Registration Brands Branding 98

The IPKat

AUGUST 19, 2021

The Report accordingly recommends amending Indian patent law, to make AI-generated works and AI solutions patentable. Trade marks Lindt’s bunnies are once again in the heart of trade mark case law [earlier instances were reported here and here by The IPKat]. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 64

Blogging IP Privacy Reporting 64