― 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.
― Wednesday, 6th December 2023
The Federal Trade Commission Put Brand Drug Manufacturers on Notice About Improperly Listing Patents in the Orange Book and Then Followed Through With More Than 100 Patent Challenges
― Wednesday, 6th December 2023 Second Circuit Upholds Injunction for Vans Based on Jack Daniel’s Ruling
U.S. Court of Appeals for the Second Circuit today invoked the Supreme Court’s
decision in Jack Daniel’s Properties v. VIP Products to affirm a district
court’s finding that MSCHF Product Studio, Inc.’s shoe, the Wavy Baby Sneaker,
likely infringed Vans, Inc.’s Old Skool shoe.
― Wednesday, 6th December 2023 Google Wins Patent Infringement Lawsuit Against Wildseed Mobile LLC
a legal battle has unfolded between Wildseed Mobile LLC and Google LLC, with
Wildseed Mobile LLC accusing Google of patent infringement. In this
comprehensive blog post, we will delve into the concept of patent infringement,
examine the rights granted to patent holders, explore the legal actions
available to them, and closely analyze the ongoing dispute between Wildseed
Mobile LLC and Google LLC.
― Tuesday, 5th December 2023 What the Shell? LLCs Improperly Used in Attempt to Hide Patent Monetization Firms and Shield Them from Liability
The first shell LLC, Nimitz Technologies (“Nimitz”), filed eleven cases in the District of Delaware. Nimitz’s sole owner was unable to describe the asserted ’328 patent or how it came into Nimitz’s possession from France Brevets, a French “sovereign state fund” that retained a partial interest in the patent via an assignment agreement it entered into with yet another IP Edge affiliate, Burley Licensing LLC (“Burley”).