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Thursday, 2nd February 2023

Articles
― 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. 

-IPproTeam  

#Patent101, #Patent Office, #Indian Patent Office, #IPO, #USPTO, #Patent Filing, #Filing, #Invention, #Start-up #Startup, #Entrepreneur, #MSME, #SMEs, #Micro Entity, #Small Entity, #Non-Profit, #University, #Public Research, #DPIIT       


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― 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 machine with no capability to exercise legal rights even if given any, and therefore unfit to hold inventorship for its creations.

-Authors: Nethravathi D | Abhijith Paipad

#AI as Inventor, #AI, #Artificial Intelligence, #Invention, #Inventorship, #AI Creations, #IPO, #Indian Patent Office, #USPTO, #EPO, #CNPO, #KIPO, #JPO, #Patent Rights

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― 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.

-IPproTeam

#Patent101, #FFL, #First Filing, #Patent Office, #Foreign Filing License, #Indian Patent Office, #IPO, #Indian Resident,           # Patent Filing, #Filing, #Invention, #Technology, #Secrecy Provision 

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― 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.

-Author: Abhijith Paipad

#Informationtechnology,  #copyright,  #Trademark,  #infringment,  #IPR,  #ITact,  #DMCA,  #intermediary,  #intellectualproperty,  #cyberlaw

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― 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. 

-Author: Emily Premkumar

#IPwatchlist, #Prioritywatchlist, #USA, #India, #IndiaPatentOffice, #IPO, #Patent, #PatentFiling, #PatentEnforcement, #CompulsoryLicensing 

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Thursday, 2nd February 2023

IP Speak
― Wednesday, 1st February 2023
USPTO-FDA Listening Session — Voices from Patient and Patent Advocates
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― Wednesday, 1st February 2023
The New York Times Is at It Again Regarding Patents
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― Wednesday, 1st February 2023
IP Protection for Artificial Intelligence
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― Wednesday, 1st February 2023
FTC Announces 2023 Thresholds Under HSR Act and Clayton Act New Filing Fee Schedule Implemented
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― Tuesday, 31st January 2023
AI generated images and copyright: when does a computer become an artist? And are the rights of human artists being respected?
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Thursday, 2nd February 2023

Current News
― Wednesday, 1st February 2023
Delhi HC passes ex parte injunction in favour of Glenmark in ‘TELMA / TELMA-AM’ counterfeiting claim
The Delhi High Court passed an ex parte injunction in the matter of Glenmark Pharmaceuticals vs Sanjeevni Medicos And Or against the defendant and restrained them from manufacturing, marketing, selling, and advertising medicinal and pharmaceutical preparations under Glenmark’s trade mark – ‘TELMA’ and ‘TELMA-AM’ and any other mark deceptively similar to the same. The injunction was granted to prevent confusion or deception amounting to infringement or passing off of Glenmark’s trademark registrations.
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― Wednesday, 1st February 2023
Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness
In another spicy development, the marks  “SCHEZWAN CHUTNEY” and “SZECHUAN CHUTNEY” were held as descriptive and bereft of secondary meaning by a single Judge bench of the Delhi High Court, only to be later declared to have acquired “secondary significance” by the Division Bench.
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― Wednesday, 1st February 2023
Astellas US LLC v. Hospira, Inc.
Astellas sued Hospira alleging that Hospira’s ANDA to market Form G regadenoson infringed three patents covering Form A regadenoson, a monohydrate form of regadenoson used to increase blood flow to mimic a cardiac stress test. Astellas alleged that a third party inadvertently creates Form A regadenoson during production of an intermediate product that Hospira then incorporates into its final ANDA product.
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― Tuesday, 31st January 2023
Deckers Says Walmart Copied Ugg, Hoka and Teva Designs in New Lawsuit
Deckers filed a lawsuit against Walmart on Wednesday, claiming the retailer infringed on designs for its Ugg, Hoka and Teva brands. According to the suit, filed in a California court, Walmart is selling lookalikes of Deckers’ Ugg Classic Ultra Mini, the Ugg Oh Yeah slide, the Hoka Ora Recovery slide, the Teva Hurricane Drift sandal and the Teva Original Universal sandal in the 90’s multi colorway. Walmart introduced these similar products to the marketplace “in an effort to exploit Deckers’ goodwill and the reputation” of its brands, the complaint read.
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― Tuesday, 31st January 2023
Abion, Gencurix embroiled in trade secret infringement lawsuit in US
Two Kosdaq-listed companies, Avion and Gencurix, have been accused of violating trade secrets on cancer diagnosis-related technology in the United States. According to industry sources on Monday, trade secrets infringement lawsuits against Avion and Zencurix are currently underway in U.S. courts. The lawsuit was filed by Ocimum Biosolutions, an Indian-based genome-related CRO/CDO and consulting firm.
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Thursday, 2nd February 2023

Patent Office Update
― Wednesday, 1st February 2023
USPTO Issues Final Rule to Eliminate CLE Certification Program
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― Tuesday, 31st January 2023
Quantum computing technologies on the rise
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― Monday, 30th January 2023
PTAB Tackles Section 101 Patent Eligibility
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― Friday, 27th January 2023
JPO Exchanged Opinions with EUIPO on Operation regarding Distinctiveness Proceedings of Trademarks
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― Wednesday, 25th January 2023
Patent grants up 10% at IP5 offices in 2021
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