Intellectual Property Law Blog

MARCH 13, 2024

Nevertheless, most commenters disfavored new, NFT-specific laws to address trademark infringement both because NFT technology is still evolving rapidly and because many federal court cases involving these issues are still pending and will likely provide answers regarding whether existing trademark laws are sufficient.

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SpicyIP

NOVEMBER 17, 2023

Comprehend the concept, rationale, and significance of Patents, Copyrights and Trademarks. Learn the practical aspects of Patent application and prosecution in the context of Indian IPR law.

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LexBlog IP

MARCH 25, 2022

This period of exclusivity lasts for 20 years from the date the patent application was filed. The patent examiners are government employees who are responsible for ensuring that all patent applications meet the requirements for patent rights to be granted.

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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.

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The IP Law Blog

JANUARY 12, 2023

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.

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LexBlog IP

APRIL 10, 2023

Given the complexities involved in obtaining a patent, hiring a remote patent attorney can offer significant advantages. Trademarks A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services.

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Intellectual Property Intellectual Property Law Registration Trademark 52

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. But what rights do you have to what it creates for you?

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Designs Design Trademark Copyright 52

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. With the growing number of patent applications, the risk is also increasing.

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LexBlog IP

MARCH 13, 2024

Nevertheless, most commenters disfavored new, NFT-specific laws to address trademark infringement both because NFT technology is still evolving rapidly and because many federal court cases involving these issues are still pending and will likely provide answers regarding whether existing trademark laws are sufficient.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

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.

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LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. First, the patent applicant used inconsistent definitions of the term “downloadable.” Let’s look at them in turn.

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Law IP Intellectual Property Copyright 52

Patently-O

FEBRUARY 21, 2024

The USPTO argued that this new address requirement was needed to help enforce its parallel new rule mandating that foreign applicants retain U.S. Other potential examples: Requiring that every application include a signed statement from the inventor explaining their contribution in detail, or face immediate abandonment.

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43(B)log

FEBRUARY 17, 2022

Similar reasoning applied to statements about licensing a pending patent (application). The statement didn’t necessarily or unambiguously convey that Elysium had submitted an NDI notification; summary judgment was appropriate. Materiality: Here, the court concludes that extrinsic evidence of materiality is not separately required.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

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Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. Patent Office Action deadlines are extendable. And, until recently, trademark Office Action deadlines were not extendable. Things change.

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SpicyIP

APRIL 30, 2023

The court agreed with the petitioner’s arguments and also found that the explanation of reverse deduction by the defendant, for the coinage of the mark, if accepted, will trivialize the trademark law. Case: Honeywell International Inc Vs The Controller General Of Patents on 19 April, 2023 (Delhi High Court) Image from here.

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Confidentiality Trademark Copyright Patent 105

IPilogue

JANUARY 14, 2022

Around the world, patent registrars grappled with patent applications that credit artificial intelligence software as the inventor. Dr. Stephen Thaler’s “DABUS” (Device for Autonomous Bootstrapping of Unified Sentience) applied for patents around the world for its interlocking food containers. Trademark Law.

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SpicyIP

DECEMBER 30, 2023

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. The case was discussed on the blog here.

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SpicyIP

JANUARY 23, 2023

The Appellant had alleged that despite filing detailed written submissions addressing the objection against the patentability of the invention under Section 2(1)(j) as raised in the examination report, the Respondent issued a cryptic order rejecting the patent application.

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Designs Design Invention Registration 105

SpicyIP

MARCH 23, 2025

The Court rationalized that in trademark law, even a single dominant element within a composite mark can warrant protection if it has strong brand recognition. Milliken And Company vs Controller Of Patents And Designs & Anr. Controller Of Patents And Designs on 19 March, 2025 (Calcutta High Court) Image from here.

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Registering Trademarks Trademark Branding Brands 102

IP and Legal Filings

APRIL 21, 2025

Patent law has historically acknowledged that people are the ones who create new technology. The subject of whether AI should be treated as a creator in patent applications is brought up by the fact that AI systems are now capable of producing new inventions on their own.

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SpicyIP

AUGUST 18, 2024

Read Yogesh Byadwal’s post explaining what the case is about and how the court interpreted “technical effect” Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India Image by wirestock on Freepik What is the “Safe Distance” rule in trademark law and how does it apply?

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SpicyIP

DECEMBER 31, 2024

Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian Trademark Law have finally reached their conclusions! While these cases raised critical questions in Trademark Law, what truly unites them is the sheer time it took for the courts to deliver a verdict.

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