― 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.
― Tuesday, 6th December 2022 Supreme Court Denies Centripetal’s Petition Asking for Clarification on Judicial Recusal Statue
U.S. Supreme Court today denied certiorari in Centripetal Networks v. Cisco Systems,
Inc., a case that asked the Court to consider the question “[w]hether placing
stock in a blind trust satisfies [28 U.S.C.] §455(f) and, if not, whether…[it]
constitutes harmless error under Liljeberg v. Health Services Acquisition
Corp., 486 U.S. 847 (1988).”
― Tuesday, 6th December 2022 Pfizer, BioNTech Countersue Moderna Over COVID-19 Vaccine Patents
Inc and its German partner, BioNTech SE, fired back at Moderna Inc on Monday in
a patent lawsuit over their rival COVID-19 vaccines, seeking dismissal of the
lawsuit in Boston federal court and an order that Moderna's patents are invalid
and not infringed.
― Tuesday, 6th December 2022 Incannex Healthcare files patent to expand intellectual property over IHL-42X
Healthcare Ltd (ASX:IHL, NASDAQ:IXHL) has filed a provisional patent
application for additional protection of the company’s IHL-42X clinical
program, specifically covering the use of IHL-42X for the treatment of
Obstructive Sleep Apnoea (OSA).
― Tuesday, 6th December 2022 Merck Could Keep Its Patent Edge by Shifting Keytruda Cancer Drug to a Simple Shot
drugmaker Merck & Co hopes to patent a new formulation of its $20 billion
cancer immunotherapy Keytruda that can be injected under the skin, allowing it
to protect its best-selling drug from competition expected as soon as 2028.
― Monday, 5th December 2022 Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case
The U.S. Court of Appeals for the
Eleventh Circuit earlier this week ruled in favor of Viacom in a trademark
fight over the media conglomerate’s Floribama Shore reality television show. MGFB,
the company that filed the appeal, owns the “FLORA-BAMA” trademark and owns and
operates the Flora-Bama Lounge on the border of Florida and Alabama. The
company filed a cease-and-desist letter in 2017 when Viacom first aired
Floribama Shore in 2017.