― Friday, 12th June 2020 Availing Patent Benefits – A ‘Status’ Check!
Every patent office provides certain benefits to Patent Applicants if they meet certain criteria (with respect to entity size, gross income and others). These benefits may be patent fee discounts or speedy examination processes.
This article touches upon the benefits extended by IPO, USPTO and EPO to entities based on their status.
― Wednesday, 27th May 2020 Not an Equal world for AI - No Inventorship for them!
With Artificial intelligence (AI) replacing humans in myriad sectors and operational aspects, it is not surprising that AI is able to concoct its own inventions. AI-generated inventions are (and may become) the norm, however, awarding inventorship to AI under the current patent system is far-fetched. So, is it justifiable denying patent rights to the actual inventor for inventions created by AI or does the patent system merely operate on the fact that AI is a machinewith no capability to exercise legal rights even if given any, and therefore unfit to hold inventorship for its creations.
― Wednesday, 27th May 2020 First Filing in India: A Requirement or a Choice?
Indian resident inventors may decide to file patent applications in multiple countries including India or entirely disregard India and go international! This may be due to weak market strength/poor demand for the product/invention in the country.
As per Indian Patents Act, it is mandatory to obtain an Foreign Filing License (FFL) if an Indian resident inventor decides to first file in a foreign country bypassing Indian Patent Office(IPO) . As per the rules, within 21 days of requesting for an FFL, the IPO, usually, either issues the FFL certificate or rejects the FFL request.
Another option is to first file in India and then wait for a cooling-off period (six weeks!) before attempting to file in a foreign country. In this case, an FFL is not required.
― Friday, 22nd May 2020 The Missing Link - IT Act and IPR Laws
Cyber laws are defined under the Information Technology (IT) Act of 2000 encompassing legal and regulatory aspects of the internet and the world wide web. However, certain entities/intermediaries such as e-commerce websites, search engines, and data aggregators sometimes come under scrutiny for violation of IPR laws when seen under the light of IT Act. Hence, protection to intermediaries from liability, arising out of content posted by users, needs be addressed by creating nexus between IT Act and IPR laws.
― Wednesday, 20th May 2020 Keeping an Eye on India - USA’s IP Priority Watch List
India has been grappling with big IP giants such as the US to establish its stance on the IP front. Owing to a fallible IP regime, India has yet again come under the US’s Priority Watch List and is required to meet certain expectations of the US in terms of trade and other IPR related policies. However, the question still remains whether India, being a sovereign nation, should let itself be subdued by the US or have its own say in IP matters concerning the nation.
― Thursday, 2nd July 2020 Patent Litigation Is on the Rebound, Led by WD-Texas Filings
PTAB petitioning trends tend to follow district court patent filing trends. Against the backdrop of a shaky stock and bond market, Fisch Sigler’s Fisch sees more potential fuel for district court suits. “The longer the economic recovery takes, the more attractive an investment in civil litigation will appear to others,” he said.
― Thursday, 2nd July 2020 Appeals Court Affirms Validity Of Enbrel Patents Injunction Against Sandozs Infringement Stands
Amgen today announced that the United States Court of Appeals for the Federal Circuit has held in Amgen's favor on the validity of two patents that describe and claim Enbrel® (etanercept) and methods for making it.
― Wednesday, 1st July 2020 Inline Packaging, LLC v. Graphic Packaging International, LLC
The U.S. Court of Appeals for the Eighth Circuit
(the circuit court) affirmed the district court’s grant of summary judgment properly
concluded that there was no genuine dispute of material fact regarding whether
Graphic fraudulently obtained its patents through false claims of inventorship
or through concealing prior sales.
― Wednesday, 1st July 2020 Federal Circuit Agrees with PTAB that Firebug Footwear Claims Are Obvious
CAFC explained that ‘while antecedent basis alone is not determinative of
whether a preamble is limiting, use of preamble terms to define positive
limitations in the body of claims can evince an inventor’s intent that the
preamble limit the scope of the claim.