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DDR Holdings v. Priceline.com: a cautionary tale for provisional applicants
In US patent law, a provisional application is a 'placeholder' that allows an applicant to file without a formal patent claim, often before the idea is fully developed, to secure an earlier priority date. However, provisional applications are typically low-budget...
UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...
The second case of “calling for third-party opinions”
The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...
Delhi High Court reaffirm a ‘method of treatment of plants’ would not fall under the purview of ‘method of agriculture’
In the appeal of Syngenta Crop Protection Ag v. Assistant Controller Of Patents before the Delhi High Court, the refusal order passed by the Ld. Controller of Patents on Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice...
Evidence of copying by IPR petitioner may be enough for secondary considerations to overcome showing of obviousness
In Volvo Penta v. Brunswick (2022-1765), evidence of copying overcame the showing that all claim limitations were obvious in light of the prior art. The goal for petitioners in an inter partes review is pretty straightforward: find prior art that teaches all of the...
A shift in gears sees Zwift and Wahoo back in collaboration
Following on from a lawsuit filed by Wahoo against Zwift back in October 2022, alleging that Zwift’s new Hub trainer infringed Wahoo’s patents, it has been confirmed that the lawsuit has been dropped. Zwift, a brand known for its indoor cycling equipment, had limited...
Powerful new search tool will help IPO maintain patent quality
Office (IPO) performs patent searches. ‘SEARCH’ is based on the state-of-the art patent search tool developed and used by the European Patent Office (EPO), widely regarded as the best such tool in the world. The IPO has worked with the EPO to develop ‘SEARCH’ as the...
Protecting organoleptics in food IP: a problem to sink your teeth into!
Recently, plant-based protein manufacturer “Juicy Marbles” announced their newest product: vegan pork ribs, with edible bones. The soy-based ribs will join the brand’s roster of plant-based “whole cuts”, filet steaks, and joints. The USP of the Juicy Marbles range is...
Integrating intellectual property considerations in AI into contract drafting: insights from the World Commerce & Contracting Conference 2023
Amidst engaging dialogues held at the World Commerce & Contracting (WCCC) conference in Melbourne this month, the potent impact of Artificial Intelligence (AI) implementation has emerged as a compelling subject of reflection and dialogue for the legal profession...
Imprisonment provisions removed from the Patents Act to bolster trust-based governance
After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11 August 2023 and thus became the law. Several provisions in different Acts have been decriminalized through this bill by...
Delhi High Court quashes competition inquiry against Ericsson
The Delhi High Court, in a judgment dated 13.07.2023, has quashed the investigations being conducted by the Competition Commission of India (“CCI”), the market regulator in India, into allegations of abuse of dominant position against Ericsson for exercise of its...
Government proposes amendments to Indian Patent Rules
The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, the body responsible for administering Indian IP laws has, on August 22, 2023, published the Draft Patents (Amendment), Rules, 2023 (Draft Rules). The Draft Rules...
Transformation consultation II – Modernizing IPO’s services Consultation kicks off work on new digital trademarks and designs services
Government launches consultation as work on new trademarks and designs services starts The UK Government has launched a second consultation on proposed changes to allow the Intellectual Property Office to deliver better digital services. In July, the government...
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