Saturday, 27th July 2024
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
― 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
― 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
― 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
― 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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Saturday, 27th July 2024
IP Speak
― Friday, 19th July 2024
Taking a Look at Quia Timet Injunctions in Light of F-Hoffman-La Roche v. Zydus READ MORE
― Friday, 19th July 2024
Expired Patent, Exploding Sanctions: A Costly Litigation Lesson for VDPP and its Attorney READ MORE
― Friday, 19th July 2024
Patent Prosecution Pitfalls To Avoid: Ensuring A Smooth Application Process READ MORE
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Saturday, 27th July 2024
Current News
― Friday, 19th July 2024
Alice Backs Anna: Federal Circuit Finds Miller Mendel’s Background Check Patent Abstract In
Miller Mendel, Inc. v. City of Anna, Texas, No. 2022-1753 (Fed. Cir. July 18,
2024), the Federal Circuit affirmed a district court’s judgment on the
pleadings that the asserted claims of Miller Mendel’s U.S. Patent No.
10,043,188 (‘188 patent) are ineligible for patent protection under 35 U.S.C. §
101.
READ MORE
― Friday, 19th July 2024
Last Minute Pre-Release Injunctions; Delhi HC Refuses Stay On Disney+ Hotstar's Show A
plea was filed before the Delhi High Court recently by Pocket FM Pvt. Ltd.
against Novi Digital Entertainment Pvt. Ltd. (Parent Company of Disney +
Hotstar) requesting a temporary injunction on the release of alleged video
series “Yakshini”, which as per Plaintiff is the unauthorized video adaptation
of the audio series “Yakshini”, available on Pocket FM. Hence, the show is
infringing their copyright, plaintiff alleged.
READ MORE
― Friday, 19th July 2024
Google settles trademark lawsuit over Vizier software Google
GOOGL.O has resolved a trademark lawsuit brought by analytics-software company
Visier over Google's "Vizier" machine-learning software, according to
a filing in California federal court.
READ MORE
― Thursday, 18th July 2024
Patent's Mere Vulnerability to Invalidity Challenge Not Sufficient to Defeat Preliminary Injunction: Federal Circuit In Natera, Inc. v. NeoGenomics Laboratories, Inc., the US
Court of Appeals for the Federal Circuit affirmed the US District Court for the
Middle District of North Carolina's grant of a preliminary injunction, holding
that an accused patent infringer's assertion that an asserted patent was merely
"vulnerable" to an invalidity challenge did not raise a substantial
question of invalidity at the preliminary injunction stage.
READ MORE
― Thursday, 18th July 2024
Carku wins ITC case for the third time against NOCO In a U.S. International Trade Commission (ITC) Section 337
case announced on July 8, 2024, Chinese lithium battery company Carku achieved
another victory against its U.S. rival NOCO.
READ MORE
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