Patently-O

AUGUST 13, 2021

Further, Centripetal presented no evidence to the Board showing that—despite the CD-ROM distribution— an interested person using reasonable diligence would not have been able to access Sourcefire either by purchasing the product or by receiving a copy of the user guide from another customer. 102(a)(1).

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

The IPKat

MAY 15, 2023

Part of the question referred to the EBA in G 2/21 was whether a Board of Appeal is required to deviate from the principle of free evaluation of evidence in respect of post-published data if these data are the only evidence for a purported technical effect (i.e. The Board of Appeal thus found no reasons to overrule the finding of the OD.

Confidentiality 132

Confidentiality Law Public Use Invention 132

Patently-O

OCTOBER 4, 2022

The Petering court explained that the prior art may be deemed to disclose each member of a genus when, reading the reference, a person of ordinary skill can “at once envisage each member of this limited class.”. patent and its equivalent International Patent Publication (referred to collectively as “Edmondson”). 2d 681 (C.C.P.A.

Art 75

Art Patent Marketing Marketing 75

LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. § 101 rather than a plant patent under 35 U.S.C. §

Public Use 52

Public Use Patent Invention Confidentiality 52

The IPKat

DECEMBER 22, 2023

Readers looking for some clarity on G 2/21 may wish to skip straight to the recent referring Board's interpretation of G 2/21 in T 0116/18. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 112

Invention Inventor Patent Law 112

The IPKat

OCTOBER 15, 2021

However, in February 2020, it came to her attention that Wenman had also been marketing and offering for sale an online course by reference to the sign ‘ARCHANGEL ALCHEMY’ from the previous autumn on her website and social media accounts.

Business 84

Business Social Media Registration Intellectual Property 84

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Trading Secrets

APRIL 18, 2023

API access data policy is different, stating that customer data is not used for training/tuning the model, but is kept for up to 30 days for abuse and misuse monitoring. API access refers to access via ChatGPT’s API, which developers can integrate into their applications, websites, or services. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

API access data policy is different, stating that customer data is not used for training/tuning the model, but is kept for up to 30 days for abuse and misuse monitoring. API access refers to access via ChatGPT’s API, which developers can integrate into their applications, websites, or services. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

Patently-O

MAY 19, 2022

In the context of pre-AIA 102(e) (that expressly included the “by another” provision), the Federal Circuit provided a three step process: determine what portions of the reference patent were relied on as prior art to anticipate the claim limitations at issue, evaluate the degree to which those portions were conceived ‘by another,’ and.

Invention 56

Invention Inventor Art Patent 56

LexBlog IP

APRIL 19, 2023

Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted. – To avoid cancellation the trademark must have been used by the owner or a third authorized party.

Trademark 52

Trademark Registration Marketing Marketing 52

Patently-O

JANUARY 21, 2023

How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)? make clear that claims must find clear support and antecedent basis in the written description by replacing the “or” in 37 CFR 1.75(d)(1)

Patent 95

Patent Invention Patent Prosecution Art 95

LexBlog IP

FEBRUARY 14, 2023

Because of this, a popular use of design patents is to protect the outside of common consumer products. A typeface is sometimes referred to as a “font,” although these two concepts are slightly different (technically, a font is a typeface having a specific size). What’s more common than the written word?

Design Patent 52

Design Patent Designs Design Patent 52

IP and Legal Filings

APRIL 23, 2024

The eminent domain is the power of the sovereign to acquire property of an individual for public use without the necessity of his consent. viii] Author: Kaustubh Kumar, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

Publishing 105

Publishing Settlement Ownership Business 105

The TTABlog

AUGUST 1, 2023

Genericness: The Board found that the word “sneaker(s)” is generic for retail services featuring sneakers because it is a term that the relevant public uses or understands to refer to a key aspect or subcategory of the genus, which Nike did dispute. In re Nike, Inc. Serial Nos.

Designs 40

Designs Design Public Use Advertising 40

LexBlog IP

APRIL 18, 2023

API access data policy is different, stating that customer data is not used for training/tuning the model, but is kept for up to 30 days for abuse and misuse monitoring. API access refers to access via ChatGPT’s API, which developers can integrate into their applications, websites, or services. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

The TTABlog

APRIL 21, 2022

The Board observed that "any term that the relevant public uses or understands to refer to the genus of goods, or a key aspect of a sub-group of the genus, is generic." Moreover, petitioner provided several examples of Respondent's use of its mark generically. Spiritual Arts Institute , Cancellation No.

Registration 40

Registration Public Use Art Trademark 40

U.S. Department of Commerce

OCTOBER 26, 2021

Then the hackers cross-reference these separate data breaches with publicly available information, such as voter records. Because these datasets can now satisfy differential privacy, they can be used by departments to make better decisions that could have life-saving impacts. . In just a few minutes, your identity is vulnerable.

Privacy 69

Privacy Social Media Technology Public Use 69

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work. What is copyright infringement?

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

SpicyIP

AUGUST 15, 2021

However, the court failed to even refer to the term used in the provision, ‘covered’. The defendant argued that CTPR was disclosed and published in US’424, US’357 and EP’508 patents which are Markush type patents and have priority dates even prior to IN’978.

Invention 52

Invention Patent Publishing Patent Infringement 52

Intepat

OCTOBER 6, 2024

Section 10, as aforementioned, refers to the requirements for a patent application. For instance, if a patent has been granted in India but not in the United States, anyone can legally use, sell, or manufacture the invention in the United States without permission.

Patent 52

Patent Invention Public Domain Intellectual Property 52

IP Intelligence

JULY 19, 2024

Therefore, while AI tools can be used to assist with forms (e.g., information disclosure statements), AI cannot be used to apply signatures or avoid the tedious task of reviewing a form and the external content to which it refers in detail. AI also cannot hold a USPTO account or independently access a practitioner’s account.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

None of these was the first biosimilar for its respective reference product. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. FDA has approved 29 biosimilars corresponding to nine different reference products. Reference Product. Reference Product. Biosimilar Drug.

Litigation 52

Litigation Settlement Marketing Marketing 52

IP and Legal Filings

JANUARY 9, 2025

Monitor for Infringement Tracking use of the trademark in the marketplace will immediately follow by sending cease-and-desist letters and pursuing other legal action when necessary. Maintain Records Carefully record the way the trademark is utilized in commerce in any possible media such as promotional, sales, or marketing materials.

Trademark 52

Trademark Cease and Desist Branding Brands 52

Kluwer Copyright Blog

MARCH 8, 2023

This holds true regarding the exclusion of “individual words or very short extracts of a press publication” from the scope of the PPR, in relation to which the Greek implementation has adopted a rather innovative approach. Regulating the “appropriate share” of the authors: lobbying v.

Publishing 52

Publishing Art Related Rights Marketing 52

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. 11] Ornamental refers to the visual appearance of a product such as its color or shape. [12]. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es If a church adopted a distinctive name for G-d, then general trademark law would, in theory, allow it to prohibit other churches from using that name.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. 11] Ornamental refers to the visual appearance of a product such as its color or shape. [12].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JANUARY 5, 2022

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” See CCC Info. Maclean Hunter Market Reports, Inc., 3d 61, 74 (2d Cir.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

The IPKat

AUGUST 25, 2023

A good number of funders in Africa require data scientists to license datasets using Creative Commons (CC) licences. To comply with the FAIR data principles , AI researchers increasingly use the Creative Commons zero (CC0) licence to release their trained datasets for public use and reuse.

Social Media 40

Social Media Law Journalism Copyright 40

43(B)log

AUGUST 12, 2022

Relatedly, how does that give us any insight into situations that didn’t go well, like Al-muhammad, where there was no agreement to give credit in the beginning?] Mike Tyson was furious when Hulu made an unauthorized biopic: you have stolen my life rights. Lemley: interested that you didn’t say anything about the ROP.

IP 72

IP Public Domain Music Copyright 72

43(B)log

JANUARY 31, 2025

Could companies actually retain rights to marks they havent been using in years based on consumers continuing use of these names? Public use doctrine for nicknames like Coke might help them, as in Coca-Cola v. Koke, even though Coca-Cola discouraged used of the name at the time due to cocaine connotations.

Branding 52

Branding Brands Branding Designs 52

LexBlog IP

JANUARY 10, 2024

It is strange because that would mean that the unpublished portions would also be government works available for public use. One should note that that is exactly how various book websites refer to the former President, such as Barnes & Noble (“Narrated by Donald J. ” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52