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.

Invention 128

Invention Patent Inventor Intellectual Property 128

Patent Trademark Blog

JANUARY 12, 2023

For example, here is what you will find when search for Vic Lin: USPTO Patent Attorney Registration for Vic Lin. First, the registration number confirms that a lawyer or agent is actually a registered patent practitioner. They can still practice trademark or copyright law. This information can be quite useful.

Patent 98

Patent Patent Application Registration IP 98

The IP Law Blog

MARCH 10, 2022

The work was created by a machine called “Creativity Machine” and was submitted for copyright registration in 2018 by Steven Thaler. In his copyright application, Mr. Thaler stated that he was the owner of the Creativity Machine and that the machine had autonomously created the work of art using an algorithm.

Art 97

Art Copyright Copyright Law Registration 97

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

Patent 105

Patent Intellectual Property Invention Ownership 105

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. .

IP 98

IP Intellectual Property Social Media Cease and Desist 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.

Patent 105

Patent Inventor Invention Intellectual Property 105

LexBlog IP

MAY 31, 2023

patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor. Patent Law requires all inventor(s) to be listed.

Inventor 40

Inventor Patent Application Invention Patent 40

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II.

Reporting 116

Reporting Designs Design IP 116

The IPKat

JANUARY 16, 2022

The €47 million EU SME fund provides for the reimbursement of 90% of the fees charged by the Member States for IP scanning services that perform a comprehensive assessment of the intellectual property needs of the applicant SME, taking into account the innovation potential of its intangible assets. Registration is available here.

Intellectual Property 81

Intellectual Property Registration IP Copyright 81

LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. ” (underlining added).

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

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.

Patent 52

Patent Invention Patent Application Government 52

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

The TTABlog

AUGUST 30, 2021

Applicant Herman Miller, noting that the spine of the chair is not part of the proposed mark, argued that “the spine is the invention, and the specific seat, back, and legs claimed in the Eames Molded Plywood Chair Design are not essential to the invention." The patent thus is strong evidence that the matter is functional.

Designs 98

Designs Design Advertising Advertising 98

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. Compulsory application for protection in Spain. In accordance with article 115.1

Invention 52

Invention Inventor Patent Application Due Diligence 52

Kashishipr

OCTOBER 20, 2021

The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement.

Patent 105

Patent Intellectual Property Inventor Government 105

LexBlog IP

DECEMBER 6, 2021

Copyright protection is unique in that it can last for well over a century and requires minimal examination by the United States Patent and Trademark Office (USPTO). 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

SpicyIP

MARCH 6, 2023

Sapna Nangia vs The Assistant Controller Of Patents and Designs on 22 February, 2023 (Delhi High Court) The appellant approached the court against the impugned order by the respondent rejecting its patent application without considering its submissions. However, the plaintiff concealed this disclaimer from the court.

Designs 116

Designs Design Music IP 116

LexBlog IP

MARCH 10, 2022

” The work was created by a machine called “Creativity Machine” and was submitted for copyright registration in 2018 by Steven Thaler. In his copyright application, Mr. Thaler stated that he was the owner of the Creativity Machine and that the machine had autonomously created the work of art using an algorithm.

Art 52

Art Copyright Copyright Law Registration 52

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

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

LexBlog IP

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. 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

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

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.

Patent 52

Patent Invention Public Domain Intellectual Property 52

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 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).

Patent 52

Patent Invention Public Domain Patent Law 52

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located. Intellectual property attorneys can file these applications from anywhere.

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 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 also here.

Advertising 111

Advertising Advertising IP Patent 111

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 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. New membership applications are welcome – please see website www.aippi.org.uk

IP 69

IP Intellectual Property Law Law Invention 69

More Than Your Mark

NOVEMBER 30, 2018

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.”

Patent 52

Patent Invention Patent Infringement Blogging 52

IP Tech Blog

AUGUST 22, 2022

In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. Therefore, the only way to protect a GUI with a design patent is by filing it as part of a design application whose main object is, for example, a mobile phone.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

APRIL 19, 2023

Conducting a search for competitor patents prior to committing to a substantial investment in a product can minimize wasted time and money associated with product takedown proceedings and lawsuits by providing the seller an opportunity to design around identified patents. on Amazon or elsewhere) or otherwise publicizing the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

AUGUST 22, 2022

In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. Therefore, the only way to protect a GUI with a design patent is by filing it as part of a design application whose main object is, for example, a mobile phone.

Design Patent 52

Design Patent Designs Design Patent 52

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.

Patent 52

Patent Intellectual Property Inventor Technology 52