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INNOVATE is the online magazine by and for AIPLA members from IP law students all the way through retired practitioners. Designed as an online publication, INNOVATE features magazine-like articles on a wide variety of topics in IP law.
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Any current AIPLA member in good standing may submit an article for consideration in INNOVATE throughout the year. IP law students are especially encouraged to submit articles for publication.
Articles submitted to firstname.lastname@example.org are reviewed by an ad-hoc sub-committee of volunteers from AIPLA's Special Committee on Publications, the Fellows Committee, and other AIPLA peers. Approved articles are published quarterly.
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A Pandemic Lockdown, Misplaced Mail, and a Limitation Claim Denied…
Written by Amrita V. Singh on March 15, 2021This article reviews the first reported decision of the Federal Court on whether the Canadian Federal Government’s Time Limits and Other Periods Act (COVID-19) legislation (“TLOPA Act”) extends the time limits set out in the Patented Medicines (Notice of Compliance) Regulations (“NOC Regulations”).
Recognizing 35 U.S.C.101, 102, 103, and 112 in Jurassic Park
Written by Renee Shaw on March 15, 20212020 marked the 30th Anniversary of Michael Creighton's epic novel Jurassic Park. This book directed the trajectory of my first career as a technical research specialist and my current pursuit of intellectual property licensing professional.
Trends, Developments, and Filing Strategies of AI Medical Patents in Taiwan
Written by George Jui-Hsien Huang on March 15, 2021The use of artificial intelligence (AI) technology has been booming all around the world. The increased use of AI is reflected in an exponentially growing number of AI related patent applications according to the World Intellectual Property Organization (WIPO)
Patents for Antibodies in Russia: Make your Protection Stronger
Written by Olga Strokova on March 15, 2021Antibody-based drugs are among the widest-selling in the world. They are being used to treat a widening range of conditions and their significance and value in treating cancer continues to grow. Accordingly, this makes them an indispensable component of the pharmaceutical industry; and it also means that their protection through invention [i.e. utility] patents is absolutely essential.
Sankalp Rehabilitation Trust V Hoffman La Roche: A Case Revisited
Written by Dr. Mohaan R. Dewan on March 15, 2021Section 8 of the Indian Patents Act mandates applicant(s) filing an application for a patent in India to furnish information pertaining to patent applications filed in ‘any country outside India’ for ‘the same or substantially the same invention’ filed in India.
Intellectual Property Rights of Artificial Intelligence Inventors
Written by Randi L. Karpinia, esq. on November 20, 2020On April 27, 2020 the United States Patent and Trademark Office (“USPTO”) published a decision declining to extend patent inventorship to an Artificial Intelligence (“AI”) named DABUS. The decision found that the application did not name an “inventor.”
With Great Popularity, Comes Great Responsibility
Written by Dr. Mohan Dewan on November 20, 2020Endorsement, in a matter of speaking, is a strategic method of influencing the minds of consumers. A brand owner typically approaches an influential figure to act as a brand ambassador, generally an exclusive brand ambassador for a limited period of time in exchange for a fee. The brand owner then publicizes videos, images and statements of the celebrity/public figure, to promote the brand owner’s products/services. The endorsement gives an impression that the celebrity is certifying (endorsing) the claims made by the brand owner in respect of the products/services. There is an implied connection, that the celebrity, has himself/herself used the product or has availed of the services and approves of or is satisfied with them. This is the subliminal message conveyed by the endorsement.
Are there Multiple Experimental Use Standards?
Written by Dustin Lee on November 20, 2020Researchers and physicians are often the greatest sources of both excitement and pain for in-house patent counsel—they zealously create inventions that save lives and improve quality of living; inventions that inspire admiration. But those same researchers and physicians can inadvertently destroy patentability through uncoordinated testing.
The Global Significance of India’s Pharmaceutical Patent Laws
Written by Dr. Rajeshkumar Acharya on November 20, 2020Patents are one of the major forms of Intellectual Property Rights (IPRs) used in the pharmaceutical industry. Significant changes to India’s patent system occurred after India signed the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995.
Inclusion Matters, Now More Than Ever: Practical Suggestions for Making a Difference
Written by Elaine Herrmann Blais, Carrie Gilman, Justine A. Gozzi, Dara M. Kendall, Daphne Lainson, Sheila Martinez-Lemke, Jeremy McKown, and Jason Murata on July 10, 2020You know that feeling when you finally finish a task … then circumstances change … and you realize the job is not done? That is what happened in preparing this article. In the midst of workplace changes due to the COVID-19 global pandemic, we prepared a summary of some good practices for maintaining and making further progress in promoting Diversity, Equity, and Inclusion (DEI) even in the toughest times, and useful tips for fostering inclusive work environments in a virtual setting.
Ukraine: Changes Concerning Customs Enforcement of IP Rights
Written by Olga Kudoyar on July 10, 2020The amendments to Ukraine’s Customs Code related to customs enforcement of intellectual property rights entered into force on November 14, 2019.
Federal Circuit Holds that Multiple Colors on Product Packaging Can Be a Trademark without Evidence of Acquired Distinctiveness
Written by Hannah Lutz on July 10, 2020Setting up a possible showdown at the Supreme Court, the U.S. Court of Appeals for the Federal Circuit recently ruled on a matter of first impression: whether a mark on product packaging consisting of multiple colors unbound by any peripheral shape can be considered inherently distinctive and therefore registered without evidence that it has acquired distinctiveness (i.e., secondary meaning as an indicator of the source of the product).
Patent Eligibility of AI Technology Inventions in Taiwan and Analysis of Filing Strategies
Written by George J. H. Huang on July 10, 2020With the continuous development of artificial intelligence (AI) technology, the number of AI-related invention patent applications is increasing rapidly. However, given that AI-related technology is easily to be deemed as an “abstract idea” and lack of technical character, how to write patent eligible AI-related patent applications has become an important issue.
Eurasian Patent Organization to Introduce Eurasian Design Patents
Written by Mayya Pak on July 10, 2020On September 9, 2019, the Eurasian Patent Organization (EAPO) member states adopted the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, introducing the Eurasian system of protection for industrial design patents, along with the already existing regional protection for inventions.
Ukraine Amends GI Law
Written by Olga Kudoyar on July 10, 2020Amendments to the Ukrainian Law on Geographical Indications were adopted on September 20, 2019 and entered into force on January 1, 2020. The changes brought the Ukrainian law in line with Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.
Trademark Due Diligence In M&A Transactions
Written by Heather Bowen on April 20, 2020Trademarks have particularly high intrinsic and extrinsic values to entities. Because of that, attorneys must be vigilant in their due diligence review of trademark portfolios when clients enter into a merger with or acquisition of another entity.
Risk of Electronic Device Search For Patent Attorneys and Inventors Crossing the US-Canada Border with Confidential Information
Written by Noel Courage on April 20, 2020This article will discuss the broad powers of search of electronic devices held by US and Canadian border officials.
Corporate Marketing Department, Narrow Product Claim and Fox Factory, Inc. v. SRAM, LLC
Written by Shubhrangshu Sengupta on April 20, 2020A recent precedential Federal Circuit decision in In re FOX Factory Inc. v. SRAM LLC, Fed. Cir., No. 18-2024 (Dec. 18, 2019), In re Fox has some takeaways for corporate marketing teams, and serves as a reminder to patent practitioners on the value of including at least one narrow patent claim in your patent application almost exactly covering a product that is, or is likely to be, commercially successful.
Dawn of Blockchain Technology in the Indian Patent Regime
Written by Jatin Trivedi on April 20, 2020Digital technologies are doing for the information revolution what the steam engine and related technologies did for the Industrial Revolution. Digital technologies are opening up new information frontiers with unprecedented speed.
The 50th Anniversary of E.I. DuPont deNemours &Co. v. Christopher
Written by Lynda J. Oswald on April 20, 2020July 20, 2020 will mark the fiftieth anniversary of E.I. DuPont deNemours & Co. v. Christopher, the famed industrial espionage case