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Intellectual Property News

  • Google Seeks Gemini Trademark Days After Pausing AI Tool
    <p>IPNews® – After Microsoft backed OpenAI’s impressive launch of ChatGPT, Google quickly responded with its own AI tool named Bard. Recently though, Google has changed course and is branding under the name Gemini instead. The USPTO has since denied the CHATGPT trademark application and Google may be going down the same road with GEMINI. To continue... <a href="https://www.intellectualpropertynews.com/trademark-news/google-seeks-gemini-trademark-days-after-pausing-ai-tool/">Continue Reading</a></p>
  • It’s Been a Landmark Month for AI in Intellectual Property
    <p>IPNews® – At the end of last year, the progression of AI in the form of ChatGPT amazed many. Since then, the fall out continues with companies scrambling to claim intellectual property rights and market share. Perhaps the most surprising recent result is OpenAI’s apparent inability to register CHATGPT as a trademark. To continue reading, click: It’s... <a href="https://www.intellectualpropertynews.com/patent-news/its-been-a-landmark-month-for-ai-in-intellectual-property/">Continue Reading</a></p>
  • Muhammad Ali Brand Targets G.O.A.T. Trademark Applicant
    <p>IPNews® – Muhammad Ali Enterprises has recently filed a trademark opposition against a company that filed a trademark application for G.O.A.T. Greatest of All Time. Muhammad Ali Enterprises is claiming that consumers will be confused between its use of similar trademarks. Complicating matters is that another company, GOAT USA Inc., also filed an opposition and is... <a href="https://www.intellectualpropertynews.com/trademark-news/muhammad-ali-brand-targets-g-o-a-t-trademark-applicant/">Continue Reading</a></p>

AG IP News
  • IPOPHL, KATHA and UA&P Equip Freelancers with Copyright Basics to Help Protect their Works
    TAGUIG - The Bureau of Copyright and Related Rights (BCRR) of the Intellectual Property Office of the Philippines (IPOPHL), in partnership with Kathâ Pilipinas represented by its Founder Daianne Moreno-Mempin and the University of Asia and the Pacific (UA&P) Continuing Real-World Education (CORE), successfully conducted the third Saturday session of its training program titled “Navigating Freelancing Life as a Creative,” on March 16, 2024 at the UA&P Campus, Pasig City, according to the official website of IPOPHL. The day-long event, aimed at empowering creative professionals with essential knowledge and tools to navigate the freelancing world, featured a learning session presented by BCRR Director Emerson G. Cuyo, who provided a beginner’s guide to copyrighting creative works. A diverse set of participants coming from the performing arts, publishing, visual arts sectors and the academe session actively participated in the session, sharing their experiences as freelance creatives and offering invaluable insights on the significance of copyright in protecting their creations and fostering innovation in the creative industry. The BCRR also set up a booth to allow attendees to engage directly with the bureau staff, ask their queries and even proceed with registering their creative works on the spot. The booth will continue providing these services until the last day of the training program on Saturday, March 23, 2024. The BCRR’s participation in this event is part of its continuing thrust to support the growth and development of the creative industries in the Philippines. Kathâ Pilipinas is a creative social enterprise and arts management initiative established in 2016. Meanwhile, CORE is a project that expanded the UA&P’s program offerings with certain strands, including the Humanities & the Liberal Arts, with training relevant to market needs.   
  • Innovation in Digital and Clean-energy Technologies Boosts Demand for Patents in Europe in 2023 - ...
    MUNICH - The European Patent Office - EPO’s Patent Index 2023, published, shows that innovation remained robust, with companies and inventors filing a record number of European patent applications last year, according to the official website of EPO. Companies and inventors filed 199,275 patent applications at the EPO last year, an increase of 2.9% on the previous year and the highest number to date, according to the latest Patent Index 2023 published today. This follows growth of 2.6% in 2022 and 4.7% in 2021. “Our latest Patent Index shows that innovation remained vibrant around the world in 2023,” said EPO President António Campinos. “The EPO was entrusted with examining more applications than ever before, attesting to both the attractiveness of the European technology market and the high quality of our products and services. Europe’s small and medium-sized enterprises are making ever-increasing use of patents, with the share of applications from SMEs at its highest level yet last year. These businesses can also now benefit from the new Unitary Patent, which significantly improves the environment for innovation in Europe, providing a simpler and more cost-effective option for innovators to protect their inventions and bring them to the vast EU market.”  Digital communication and energy technologies on the rise The leading technical fields for patent applications at the EPO last year were digital communication (which covers technologies related to mobile networks), medical technology and computer technology. The strongest growth among all technology fields in 2023, however, was in electrical machinery, apparatus, energy (+12.2% over 2022), which covers inventions related to clean-energy technologies, including batteries (+28%). Patent activity in biotechnology (+5.9%) also continued to rise further. Global and European trends The top five countries of origin for European patent applications in 2023 were the United States, Germany, Japan, China and the Republic of Korea. Some 43% of the total applications came from companies and inventors from the EPO’s 39 member states, while 57% originated from outside Europe. The number of patent applications originating from the EPO’s 39 member states increased again in 2023 (85,748 applications, +1.8%). European companies posted above-average growth in the fields of digital communication (+10.7%), biotechnology (+6.4%), computer technology (+4.2%) and measurement (+4.0%). Finland, Spain, the UK and Italy with the strongest growth in Europe While Germany, Europe’s leading country of origin, was back to growth (+1.4%) last year, French firms filed slightly fewer applications (-1.5%). Patent filings from most other European countries were up. Among the larger patent filing countries (with over 5,000 applications), the highest growth came from the UK (+4.2%), Italy (+3.8%), the Netherlands (+3.5%), Switzerland (+2.7%) and Sweden (+2.0%). Even stronger increases (among European countries with over 1,000 applications) were posted by Finland (+9.2%) and Spain (+6.9%). More inventions from China and the Republic of Korea The overall growth in patent applications at the EPO in 2023 was mainly fueled by steep increases from the Republic of Korea (+21.0%) and the People’s Republic of China (+8.8% compared with 2022). The Republic of Korea entered the top five for the first time, while patent applications from China have more than doubled since 2018. Huawei tops applicant ranking Huawei was again the leading applicant at the EPO in 2023, followed by Samsung, LG, Qualcomm and Ericsson. The top ten includes four companies from Europe, two from the Republic of Korea, two from the US and one from each of China and Japan. Nearly every fourth application from Europe filed by a small company In 2023, 23% of patent applications to the EPO originating in Europe were filed by an individual inventor or a small or medium-sized enterprise (with fewer than 250 employees). A further 8% came from universities and public research organizations (see graph Breakdown of applicants by category). As part of its ongoing support for smaller entities, the EPO has announced new fee reductions as of 1 April 2024 for micro-enterprises, individuals, non-profits, universities and public research organizations. Spotlight on women inventors This year’s Patent Index also looks at the contribution of women to innovation. For all patent applications filed with the EPO last year coming from Europe, 27% named at least one woman as an inventor. Among the larger European patent filing countries (with more than 2,000 applications per year), Spain (46%), France (33%), and Belgium (32%) had the highest share of patent applications naming at least one woman as inventor in 2023. In terms of technology sectors, the proportion ranged from 14% for patent applications in mechanical engineering to 50% in chemistry. This data can help in addressing the gaps that remain to be bridged to harness the full potential of women inventors. Solid uptake of new Unitary Patent Since June 1, 2023, innovators can also benefit from the Unitary Patent system – a new way to enjoy simpler and cheaper patent protection in 17 EU member states, in which a European patent has unitary legal effect and can be enforced or litigated before the new Unified Patent Court.  The new system has already proven popular with patent owners: unitary protection was requested for 17.5% of all European patents granted in 2023 (more than 18 300 requests filed) and for 22.3% of those granted in the second half of 2023. Patentees from Europe (39 EPO member states) had the highest uptake rate at 25.8%, followed by those from the US and China (both 10.9%), the Republic of Korea (9.7%) and Japan (4.9%). The top Unitary Patent requestors in 2023 were Johnson & Johnson, Siemens, Qualcomm, Samsung and Ericsson. Of the patentees who have transformed their European patents into Unitary Patents, some two-thirds are European.   
  • Quality Action Plan 2024 - EPO
    MUNICH - The European Patent Office (EPO) published its annual Quality Action Plan for the first time, according to the Office.  The Office’s Quality Action Plan 2024 defines targeted actions to improve further the quality of its products and services at every stage of the patent granting process (PGP), strengthen dialogue with its users, and enhance learning from Boards of Appeal (BoA) outcomes. Building on the feedback of users, the actions include workshop sessions in the framework of the SACEPO Working Party on Quality (WP/Q), as well as the monitoring of third-party observations during the examination phase of the PGP. The Quality Action Plan also foresees the development of new key performance indicators (KPIs) to track the rates at which the EPO’s decisions are overturned by the BoA, as well as to drive measures that maintain legal certainty and the robustness of EPO examination and opposition procedures. Building on EPO commitment to excellence The publication of the plan follows the recent launch of the EPO’s new KPI dashboard, which will enhance transparency for all its stakeholders by providing regular updates on quality and user satisfaction. EPO readiness to share its progress as the Office build on the previous years’ achievements reflects the transparency with which it channel user feedback into assessing quality at every stage of the PGP and beyond. The plan builds upon progress made in 2023, a year in which EPO enhanced its approach to consistency of practice and invested in digital tools and workflows to ensure that patent applications move efficiently through the entire PGP. Further, EPO made its quality actions and results more accessible through the data-rich Quality Report 2022, and it deepened engagement with its users to consolidate quality standards. Quality is a shared journey. In 2024, EPO will continue to take a collaborative approach in which the EPO and stakeholders engage in active, open and constructive dialogue to enhance the already high quality of the patent granting process at the EPO. 

IPWatchdog
  • CAFC Denies Apple Transfer Out of Albright’s Court
    The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s petition for a writ of mandamus asking for a writ of mandamus to compel Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer its case to the Northern District of California.Carbyne Biometrics sued Apple for infringement of six patents via Apple’s “Secure Enclave”  and Apple Cash platform features. Apple moved for transfer in July 2023, the motion was briefed in November 2023 and the district court denied the motion in December 2023 and said it would soon issue a decision. Apple filed the petition for writ of mandamus when no decision had issued by January 31, 2024 asking the CAFC to either stay the proceedings until a decision had issued or to compel transfer.
  • Becoming a Rainmaker: Familiarity and Trust Sell, Not Cold Contacts
    If you are on LinkedIn, you undoubtedly get messages, perhaps daily, from some service provider that you don’t know who promises to be able to help you with some pain point. Unfortunately for those marketers who do not take the time to do even basic research, these inquiries often come off as rather pathetic and do little more than demonstrate that you certainly don’t want to work with them, ever. Seriously, if they can’t even read your LinkedIn profile to see what type of work you do, are you really going to trust them with something that matters?
  • SCOTUS Denies Petition to Review CAFC Precedent on Justification for Primary Reference Selection
    The U.S. Supreme Court on Monday, March 18, denied a petition filed by patent owner Jodi A. Schwendimann asking the Court to review a decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) that affirmed a Patent Trial and Appeal Board (PTAB) determination that Schwendimann’s patents were obvious. The petition specifically asked the Court to review the CAFC’s holding that Schwendimann’s argument that “justification for selection of a primary reference is a necessary step to guard against hindsight bias for the motivation to combine references” was unsupported by Federal Circuit case law.

Law360
  • Patent Suit Over AstraZeneca's Tagrisso Heads To Jury
    A Delaware federal judge said Monday that there are too many "genuine factual disputes" to end a lawsuit from a Pfizer brand claiming it developed a cancer treatment that's being infringed by a drug that has racked up billions in sales for rival AstraZeneca.
  • Fed. Circ. Won't Block Intel License Defense In Calif. Case
    The Federal Circuit on Monday refused to undo a California judge's order letting Intel argue that it has a license to VLSI's microchip patents in cases with billions of dollars at stake, ruling that VLSI hadn't shown that the appeals court should step in.
  • 2nd Circ. Rejects 'New Standard' Of Patent Monopolies
    A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.

Spicy IP News
  • Delhi HC in Zed Lifestyle Pvt Ltd. V. Hardik Mukeshbhai Pansheriya and Ors – a case of TM infringement and Intermediary Liability
    Overview of the Case The plaintiff filed an infringement suit against the defendants from using any mark which is identical or deceptively similar to the plaintiff’s word and device mark “BEARDO”. The Court granted ex parte ad interim injunction dated 4 May 2021. The Court directed Amazon (the defendant No. 3) to remove the products of Defendants 1 and 2 from the “BEARDO STORE” webpage. The defendants 1 and 2 did not appear and the Court granted a permanent injunction […]
  • SpicyIP Weekly Review (March 11- March 17)
    [This SpicyIP Weekly Review is authored by Kevin Preji.  Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here.] After a busy week at the blog, here is our recap of last week’s top IP developments including summaries of posts on the Patent Office’s disposal of 1500+ patent applications in one day, Delhi High Court’s decision in Interdigital v […]
  • Patent Rules Published: A Quick Look 
    On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. There will likely be more posts in the coming days that take a deeper look into these Rules. For now, on a quick skim, some of the notable amendments are:-  Revised Time limits  The Amended Rules revised timelines/ time limits for the following:-  Certificate of Inventorship  Amendments Concerning Requirement to File Information about Foreign Applications  Amendments Concerning […]

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