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recent circular on procurement of drugs, non-obviousness test under the patentslaw, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. for using deceptively similar trademarks, “HOSPIGRIP” and “HOSPICUFF,” on medical devices. Anything we are missing out on?
Will arguments be necessary in your utility patentapplication? Nine out of ten utility patentapplications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patentapplications. Should patent arguments be more legal or technical? Examiners are human.
Can foreign applicants file US utility patentapplications? Inventors located outside the US can file US patentapplications. Foreign inventors, however, must be careful to follow the patentlaws of the country in which the invention was made. Can they still file a US utility patentapplication?
2025 National PatentApplication Drafting Competition The U.S. Patent and Trademark Office invites law students and students studying patentlaw to participate in the 2025 National PatentApplication Drafting Competition. For further information, click here.
Patent and Trademark Office announced the winner of this year’s National PatentApplication Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. The competition is scored on the basis of the patentapplication and an oral presentation before a panel of three judges.
Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patentapplication remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.
2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National PatentApplication Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National PatentApplication Drafting Competition ! About the National PatentApplication Drafting Competition.
We invite you to participate in the tryouts for the annual PatentApplication Drafting Competition (PADC)! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patentlaw.
This is a reminder that submissions to try out for the annual National PatentApplication Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .
Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patentapplication rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. In this post by Kartikeya S.,
Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patentlaw 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.
The cost savings of filing a provisional patentapplication without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional PatentApplication? Keep Trade Secrets Secret.
patentlaw. Patent and Trademark Office's (USPTO) decision that refused to allow Thaler's two patentapplications to proceed because he listed DABUS (an AI machine) as the inventor. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v.
Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O PatentLaw Journal 34.
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.
In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patentapplications. Mr Meshandren Naidoo is a Ph.D
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patentapplications. There is an old maxim in patentlaw, which states: “That which infringes if later, anticipates if earlier.” 2020-1940 (Oct. SurgiSil , at *3.
Obviously, if you do not find an attorney’s name on this directory, they do not and can not file patentapplications for others. They can still practice trademark or copyright law. Second, the Status column tells you whether a practitioner is a patent attorney or agent.
Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O PatentLaw Journal 34.
In order to obtain a patent for an invention, the invention must be fully disclosed in a written patentapplication. The patentapplication has to describe the invention in detail and how to make and use the invention. The invention must meet several requirements in order to be patentable.
Under the patentlaws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. Conversely, the USPTO can reduce a patent term adjustment to account for delays caused by the patentapplicant. See 35 U.S.C. §
However, both the United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit (CAFC) maintained that US patentlaws require a human inventor, and as a result, they refused to consider Thaler’s patentapplication.
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.,
Such AI-assisted inventions present a new set of legal issues under patentlaw. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. Conclusion AI-assisted inventions come with their own set of legal risks.
Sullivan answers these questions and breaks down the requirements needed before filing an application with the U.S. Patent and Trademark Office. David provides technical and practical insight into the application process starting with an inventor’s abstract idea, and ending with a formal patentapplication.
Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. patentlaws agree that subject matter eligibility “needs to be clear, predictable, and consistently applied.” On Monday this week, the Director of the U.S.
The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patentlaw. This question has sparked widespread debate and commentary within the legal community as legal frameworks struggle to adjust to AI.
District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The PatentApplications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.
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 PatentLaws in different major jurisdictions.
Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patentapplications. The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in PatentLaw, 74 Vand. & Trademark Off. 521 (2021).
On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.
I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. What should I call them now?
When should you file a patentapplication? Apply for a patent now or wait a bit? At what point will it be too late to file a patentapplication ? The best time to file a patentapplication is before you show your invention to the public or make any sales. Applying for patents is like running a race.
Parliamentary Standing Committee Report on IPR: Tipping the Scales of PatentLaw? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patentlaw reform. Part I and II. July 26, 2021]. The Madras High Court in Praba’s V Care Health Clinic v.
Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.
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 patentapplication. Who can file a patentapplication? Who can provide for patent rights?
Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patentlaw of AI inventions during patent examination, appeal, and post-grant proceedings.
The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines. Each foreign country has its own patentlaws which may or may not allow for broken lines in design patents.
The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.
In May of 2019, Tesla filed a patentapplication for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patentapplication also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent.
Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible. Explain how the status of patent eligibility jurisprudence in the United States has affected any litigation for patent infringement in the United States in which you have been involved.
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