Sentences with phrase «of utility patent»

Such a disgorgement is only permissible if at least one design patent was infringed (it's impermissible for infringement of utility patents) and (which is not specific to design patents but to all patent damages under 35 U.S.C. § 287 (a)-RRB- if the infringer had «actual or constructive notice of the patent» (as Judge Koh described the requirement in her damages order).

Holders of utility patents enjoy a 20 - year monopoly, whereas design patent holders only have a 14 - year monopoly.

Not exact matches

You might know that there are three types of patents: utility (protection for new, nonobvious inventions), design (a design that is new but nonfunctional), and plant (covering asexually reproducing flora).

There are two types of patents in general use, utility patents for fully developed devices and products, and design patents for items that haven't yet been created.

Many of the rules changes that large firms advocate would make the utility of a patent right uncertain, according to Conley.

A list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2016 where the patent firms...

We compiled a list of the top patent firms, which are ranked based on the total number of U.S. utility patents that issued in 2015 where the...

A fundamental analysis of cryptocurrencies and blockchain projects involves indicators like conference announcements, forks, as well as new coin listings, technology patents, user base, size of network, and token utility.

The analysis, which examined 4.6 million utility patents issued from 1976 to 2013, was led by Cassidy R. Sugimoto, an associate professor of informatics at the School of Informatics and Computing at IU Bloomington.

As Gary Stix reviewed in «Owning the Stuff of Life,» in the February issue, companies and universities have been on a spree of patenting not only whole genes but also genetic fragments of unknown utility.

Speaking at the annual meeting of the American Association for the Advancement of Science (which publishes ScienceNOW), PTO acting deputy commissioner of patents and trademarks Lawrence Goffney said that the office «has decided to allow claims to ESTs based on their utility as probes.»

For example, the long - standing practice of filing a series of provisional patent applications that could later be combined into a singe utility patent application appears to be even more favored under the FITF system.

In letters and speeches, both have argued that only inventors who clearly describe the «utility» of a gene, such as a plan to develop a medical product, deserve to win a patent.

But, as Microsoft argued, it is § 271 that sets forth the standard for infringement of design patents — just like it does for utility patents.

Microsoft accused Corel of infringing five utility patents and four design patents.

Canada's patent utility requirements and the workability of the promise doctrine are currently before the Supreme Court of Canada in AstraZeneca Canada Inc v Apotex Inc, in litigation over the validity of Astrazeneca's patent for the acid reflux medicine Nexium (esomeprazole).

Crist has criticized Canadian «promise» case law for invalidating pharmaceutical patents for lack of utility despite the fact that the medicines at issue were commercially successful.

Lilly claimed that the promise doctrine fundamentally changed Canada's utility requirement, exceeds patentability requirements of trading partners, contravenes Canada's international trade obligations and discriminates against pharmaceutical patents.

Before this, the general sense was that a mere scintilla of utility was enough to obtain a patent.

This is particularly relevant in the case of pharmaceutical inventions, because the requirement of utility means that the drug for which a patent is sought must achieve the result promised in the specification.

The tribunal found that enforcing voluntary statements of utility assures that the public receives its end of the patent bargain while also preventing overclaiming.

If the patent specification does not promise a specific result, only a «scintilla of utility» is required.

Moreover, the specific disclosure requirements for patents where utility is based on sound prediction is the consideration an inventor pays for obtaining a patent without having proved actual utility as at the filing date of the patent application.

Utility is a basic requirement set out in the Patent Act, yet Canadian courts over the past year have continued to approach this concept from very different points of view.

As is common in the pharmaceutical industry, both patents relied upon the doctrine of sound prediction to establish utility.

Canadian courts continue to cite Consolboard for the definition of utility in Canadian patent law.

German utility models are sort of second - class patents: they are valid for only ten years, and they are not examined.

The German patent office will most likely treat the Federal Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new copatent office will most likely treat the Federal Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new coPatent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new copatent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new coPatent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new context.

We note that the standard for showing utility for a compound as a pharmaceutical before the patent office is much lower than that before the FDA, and that a human clinical trial is not necessary to establish utility for an invention related to treatment of human disorders.

This ruling is not thermonuclear on its own, but in its aftermath, we will not only see a lot of wrangling over a judgment as a matter of law to overrule the jury and over injunctive relief but there will also be, even more importantly, a push by Apple to enforce many more design patents and utility (hardware and software) patents against Samsung.

On October 24, an Administrative Law Judge (ALJ) of the International Trade Commission (ITC), a quasi-judicial agency that can impose import bans on patent - infringing products, made an initial determination (preliminary ruling) according to which Samsung was held to infringe four Apple patents (one phone design patent and three utility patents).

Utility patents protect the functional aspects of a product for a period of approximately 20 years.

The scope of protection of a utility model in Poland is quite similar to the scope of protection of a regular patent.

On the other hand, implementing rules laid down in Regulation of the Prime Minister on filing and processing of patent and utility model applications, were amended in a manner making the process of rejecting computer implemented inventions more laborious for patent examiners.

He provides advice regarding optimal IP protection and assistance in patent and UM drafting, prosecution and litigation as well as invalidation of inaccurately granted patents and rights under utility designs.

Conversion of Polish patent applications to utility models irrevocably closes any chances to obtain a patent.

He provides advice regarding optimal IP protection and assistance in patent and UM drafting, prosecution and litigation as well as invalidation of inaccurately granted patents and rights under utility models.

Just as Eli Lilly unfortunately found in atomoxetine, it is very difficult to switch from an unsuccessful argument for actual utility to sound prediction — because one is left with only the disclosure of the patent (and not the extensive tests relied on for actual secret utility).

Although finding a compound patent valid based on actual utility after construing a low Promise, Mr. Justice Rennie recognized (in obiter) there would be problems with a sound prediction of any higher Promise, and referred to the «common view» of the disclosure requirement of AZT as follows:

For example, if China was sued for violating a utility patent on the Humvee design and a U.S. federal court found that it was a commercial activity of a state owned company rather than an act of the Chinese military, per se, the U.S. court could enter a judgment against China and the patent owned could collect it by seizing U.S. Treasury bonds owned by China.

As of Friday, July 1, «the application size fee for electronically filed utility and provisional patent applications will be based on 75 % of the number of pages for the paper size equivalent of the specification (including claims) and drawings, and any external tables,» writes Bill Heinze.

The promise doctrine was developed through the Federal Courts» jurisprudence; under it, a judge reviewed a patent as a whole to identify any «promises» made in it, then assessed whether those promises had been met in order to satisfy the utility requirement of the patent under the Patenpatent as a whole to identify any «promises» made in it, then assessed whether those promises had been met in order to satisfy the utility requirement of the patent under the Patenpatent under the PatentPatent Act.

We have a lot more certainty now that technical legal attacks on utility of a patent generally can not invalidate the patent,» says Noel Courage, partner at Bereskin & Parr LLP in Toronto.

She has been and is involved in litigation regarding a variety of intellectual property matters, including trademarks, utility and design patents, trade secrets, and copyrights.

This is the kind of justice argument which needs to be raised in support of greater access to co-operative univerity patents to responsibily maximize public healthy utility.

1999)-- Enforced Juicy Whip's patent on beverage dispenser technology, including three successful precedent - setting appeals to the Federal Circuit on issues of patent utility, invalidity standards, and damages.

Ideas include (without limit) patents, domain names, trademarks (whether registerable or not), designs, utility models, copyright or any applications made for these and the right to apply for them in any part of the world.

Franco has many years» experience throughout the world, in the Renewal of Patents of Invention, Designs, Utility Models, Supplementary Protection of Certificates, Textile Designs, Plant Varieties and Trademarks.

Your initial patent application for a utility or plant patent may be one of two types.

In exchange for publicly disclosing the invention or design, the inventor gains exclusive rights to the use of the patented device for a set amount of time, currently 20 years for utility and plant patents, 14 years for design patents.