Patent Trademark Blog

DECEMBER 13, 2022

Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Prosecuting a patent application includes the following: drafting patent application.

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Patently-O

MAY 17, 2023

These two methods are referred to as Category A and Category B in the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases (GRB). The USPTO previously simplified the path for potential registrants by including typical Category B degrees under Category A.

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Kashishipr

JULY 28, 2021

It may so happen that in furtherance of uncovering non-literal infringement, the doctrine may help envelop even those elements that may only be impliedly found in the Patent Application. The post Determination of Equivalents in a Patent Application appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

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Intepat

APRIL 5, 2022

In India, Section 9(1) of the Patents Act, 1970 (“ Act ”) discusses what exactly qualifies as an abandoned application as per domestic law. Upon notification, the applicant is expected to reply to the objections within six months, or the applicant can take an extension of another 3 months for filing of the reply.

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Erik K Pelton

FEBRUARY 6, 2023

The following is an edited transcript of my video Our Unique Patent Pending Tool at EMP&A. We own more than a dozen trademark registrations for our brand, slogans and other creative trademarks, and we recently became the owners of a patent application. At our firm, we aim to practice what we preach.

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The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. In re Morton-Norwich Prods., Text Copyright John L. Welch 2023.

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The IPKat

DECEMBER 27, 2021

Legal basis and arguments According to Article 81 EPC and Rule 19(1) EPC, the designation of the inventor is a formal requirement that a patent application must fulfill. According to the Board of Appeal, this was not the case in the DABUS application. The Board of Appeal also rejected this request.

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JD Supra Law

AUGUST 1, 2023

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. Filing a design patent in Brazil has never been easier. As of August 1, 2023, U.S.

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SpicyIP

MARCH 9, 2025

Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patent application but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.

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The IPKat

MARCH 11, 2024

2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

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SpicyIP

MARCH 14, 2023

Patent Opposition(s) in the pharmaceutical field is an important flexibility and an effective tool to ensure access to life-saving and affordable medicines. The opposition system helps to weed out frivolous patent applications and maintain the quality of the patents that are granted by the Patent Office.

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Patent Trademark Blog

MARCH 24, 2022

To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. If your ITU application matures into a registration, your ITU filing date will be treated as if you began using the mark on that date.

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SpicyIP

APRIL 21, 2022

A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Widened Locus Standi. Cipla Ltd & Ors.

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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. Second, the Status column tells you whether a practitioner is a patent attorney or agent.

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Intellectual Property Law Blog

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.

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IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

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Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

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SpicyIP

DECEMBER 15, 2024

Highlights of the Week Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case A Divisional Application (DA) by BASF was rejected by the IPO citing delay in filing of application. 2 in respect of the patent application of the petitioner.

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SpicyIP

SEPTEMBER 11, 2023

First thing first, let’s unfold the case: The case involves a writ petition challenging the abandonment of a patent application and praying for its restoration. Here, the background is that the Petitioner hired Mr. Naveen Chaklan of M/s Delhi Intellectual Property LLP to deal with his patent application.

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Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Following the patent search, one should draft the patent application effectively. The application should include various parts such as claims, background, description, drawing, abstract and summary. Filing the patent application. A receipt is then generated with the patent application number.

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SpicyIP

NOVEMBER 16, 2022

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organizing a workshop on ‘Patent Oppositions in the Pharmaceutical Field’ from December 4- 8, 2022 in Kochi, Kerala. The deadline for applications is November 19, 2022.

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Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented. Let’s get started!

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SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application 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. Read more for the details.

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Olartemoure Blog

JULY 8, 2022

07/08/22 – Patents. USPTO’s Public Patent Application Information Retrieval (Public PAIR) tool, available since the early 2000’s will be official retired on 31 July.

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SpicyIP

MARCH 2, 2025

Highlights of the Week Delhi High Court Stirs the Pot for Biotech Patent Applicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.

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Kashishipr

MAY 25, 2022

One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. Patent Search and its Importance. A patent search is the first step of the Patent Registration process in India, and that too is a crucial one.

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SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. The Controller had rejected the application on the ground of lack of inventive step in light of the previously cited prior art. Rosemount Inc. Grupo Petrotemex v. of Atomic Energy.

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JD Supra Law

OCTOBER 12, 2023

Executive Summary - The patent application examination requirement is statutory based rather than a Constitutional requirement. Patent System operated on a registration system without examination. For instance, from 1793 to 1836, the U.S.

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Kashishipr

NOVEMBER 24, 2021

It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention. Similarly, the court shall also rely on the submission made by the applicant since there is no choice other than to utilize the submissions made. It is a breach of the duty of candor.

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SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

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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.

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SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Saurav Chaudhary v. Dr. Reddy’s Labs Ltd.

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The IPKat

APRIL 15, 2023

Anna Maria Stein discussed the recently issued “Copyright registration guide: works containing material generated by artificial intelligence” by the US Copyright Office. Patents Rose Hughes discussed the implementation of the new sequence listing requirement for patent applications, ST.26,

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SpicyIP

FEBRUARY 23, 2025

Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush Systems and related inventions.

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IP Spotlight

DECEMBER 31, 2020

Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant? To answer that question: Patents : In 2020 the USPTO’s eight-year trend of reducing patent application pendency continued to trend downward.

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IP and Legal Filings

AUGUST 8, 2024

A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patent application is filed in India, that leads to the protection of the patent internationally.

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The IPKat

NOVEMBER 29, 2021

WIPI compiles data from around 150 IP authorities (both national and regional) and WIPO concerning filing, registration and renewals on IP rights. Thus the competitive pressure in China has resulted in (overly-)low-priced patent services that are quite accessible for the price-sensitive group.

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