Category: Patents

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Can Design Patents Be Invalidated?

By Daniel H. Bliss of Howard & Howard on Posted in Legislation, Patent Infringement, Patents, United States
Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design. Can you invalidate the design patent through … Continue Reading

Technovations & Labor Practices: Little Known IP Law For Developing Countries

By Dr. Cathy Mputhia of C Mputhia Advocates on Posted in Foreign Protection, Legislation, Patents, Protection & Enforcement, Uncategorized
Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual property rights was ignored by his employer, who continued to bask in the fame and glory of the global award. Was the … Continue Reading

Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Legislation, Patent Infringement, Patents, Privacy Compliance, Protection & Enforcement, United States
Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there protective measures that can be taken to prevent the slide show from being considered a printed publication? … Continue Reading

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent Act, & Nico Tanner

By James P. Flynn of Epstein Becker Green on Posted in Foreign Protection, Legislation, Patents, Protection & Enforcement, Trade Secrets, United States
The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making.  As WIPO’s press release noted, “[n]egotiations for this Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia, where discussions were notable for … Continue Reading

The ownership debate: Intellectual property in AI. Who does it belong to?

By Jessica Bell of Kalus Kenny Intelex and Sven Burchartz of Kalus Kenny Intelex on Posted in Australia, Copyright, Legislation, Online Content, Patents
With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI? In Australia, there is currently no law specific to the ownership of intellectual property created in computer-generated works, whether … Continue Reading

Comma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Copyright, Famous Marks, Legislation, Patents, Protection & Enforcement, Trademarks, United States
“[T]he comma…this capricious bit of punctuation…” United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting) For want of a comma, we have this case.” O’Connor  et al. v. Oakhurst Dairy et al.,851 F.3d 69, 70 (1st Cir. 2017) “But, when pressed, I do find I have strong views about … Continue Reading

Small Entity Status vs. Micro Entity Status for Patent Applications in the U.S.

By Daniel H. Bliss of Howard & Howard on Posted in Patents, United States
Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application? The answer depends on … Continue Reading

Duties involving IP matters at the beginning of the corporate term in Colombia

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Copyright, Patents, South America, Trademarks
The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law.  The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations … Continue Reading

India publishes draft amendments to Patent Rules for public comment

By Gaurav Bhalla of Ahlawat & Associates on Posted in Asia Pacific, Legislation, Patents
The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – https://ipindia.gov.in/writereaddata/Portal/Images/pdf/248296.pdf.… Continue Reading

Can You Use Color Drawings or Photographs in Utility Patent Applications?

By Daniel H. Bliss of Howard & Howard on Posted in Patents, United States
Suppose that you have an invention disclosure for a utility invention that you want to protect.  When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention.  Can you file the utility patent application with the color drawings or photographs?  The answer is YES! if … Continue Reading

Defining Boundaries: IP Law Addresses Exterritoriality, Lexicography & Human Touch

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Foreign Protection, Patents, Trademarks, United States
“Yes, the law is about words…,” says Ben Chiriboga in writing about the essential skills that lawyers must have.  And Ken White noted more recently that “the entire project of the law is about words meaning specific things.”  But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that … Continue Reading

Conundrum behind registrability of GUIs as industrial designs in India

By Gaurav Bhalla of Ahlawat & Associates on Posted in Asia Pacific, Case Studies, Patents
Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant … Continue Reading

OXFORD UNIVERSITY’S IP PROVISIONS UNDER THE MICROSCOPE: OXFORD UNIVERSITY INNOVATION V OXFORD NANOIMAGING LIMITED [2022]

By Ben Milloy of Fladgate LLP on Posted in Case Studies, Legislation, Patents, United Kingdom
Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student. The Court held that the legislation in … Continue Reading

QR codes with company logos can be a recipe for disaster – or a patent lawsuit

By James Muraff of McDonald Hopkins on Posted in Case Studies, Patent Infringement, Patents, Trademarks, United States
Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. Not only that, but your creative team decides to go a step further and include your company logo in the middle of the QR code. You launch your … Continue Reading

Why stronger IP provisions in EU free trade agreements are needed

By Panagiota Goula of A. & K. Metaxopoulos and Partners Law Firm and Katerina Nikolatou of A. & K. Metaxopoulos and Partners Law Firm on Posted in Europe, Patents, Trademarks
New provisions in EU free trade agreements (FTAs) have broken new ground when it comes to IP protection. In the last few years, and especially since covid-19, the need for stronger IP provisions has become paramount. Α recent study conducted by the European Centre for International Political Economy (ECIPE) highlights the benefits of IP rights … Continue Reading

IT`S NOT ONLY PATENTS: PLANNING AND IMPLEMENTING TO PROTECT INNOVATION

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Patents, Trade Secret Protection, Trade Secrets
For investors in innovation, it is a priority to count on legal mechanisms to secure some level of exclusivity in the exploitation of their innovations, to seek a return on their investment. The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain … Continue Reading

High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

By Gaurav Bhalla of Ahlawat & Associates on Posted in Case Studies, Foreign Protection, Patents
In the recent case of The European Union vs. Union of India and Ors., W.P.(C)-IPD 5/2022 and W.P.(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications. By way of background, the Petitioner had initially engaged a European … Continue Reading

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Copyright, Famous Marks, Patent Infringement, Patents, Protection & Enforcement, Trademarks, United States
Our favorite thing about spring [is] spring cleaning. It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.”… At the office, spring cleaning can take on a whole new meaning. It is a chance to reorganize and refresh your workspace and your workflow. Plus, organizing will actually improve your overall focus and … Continue Reading

Parties to exploratory agreements beware: Contractual restrictions on IPR patent challenges are enforceable!

By James Muraff of McDonald Hopkins and Andrew Gordon-Seifert of McDonald Hopkins on Posted in Case Studies, Patent Infringement, Patents, United States
On February 8, 2022, the U.S. Court of Appeals for the Federal Circuit determined that certain restrictions on the ability to challenge the validity of patents are enforceable. Without such restrictions, companies that are being targeted by patent owners do not have any restrictions on the various methods of how they can challenge the patents … Continue Reading

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

By Joseph Barber of Howard & Howard on Posted in Case Studies, Copyright, Online Content, Patent Infringement, Patents, Protection & Enforcement, Trademarks, United States
Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. NFTs are digital records of data stored on a … Continue Reading

UNDERSTANDING PRIVILEGE: IS YOUR CANADIAN PATENT AGENT ALSO A LAWYER?

By Colleen Spring Zimmerman of Fogler Rubinoff on Posted in Canada, Case Studies, Legislation, Patents
In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent Agents & Trademark Agents (CPATA) is the recently created regulator of patent and trademark agents … Continue Reading

Software Patents: When is enough enough?

By James R. Baldwin of McDonald Hopkins on Posted in Case Studies, Patents, Protection & Enforcement, United States
Software Patents: When is enough enough?[1] Developing a Disclosure for Software Patents: Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. Discuss with the inventor details that link the novel functional aspects of the software description to those technological underpinnings. Ask … Continue Reading
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