Under the current patent law, an inventor cannot obtain a patent for an invention that is obvious to a “person having ordinary skill in the art” (PHOSITA). However, courts often struggle with whether the relevant person should be identified based on the invention disclosed in the specification or the invention claimed. The Patent Trial and Appeal Board (PTAB) has for a number of years now adopted the former approach, stemming from the case of Axonics Modulation Technologies, Inc. v. Medtronic, Inc., IPR2020-00715 (PTAB Sep. 13, 2021). The inventors, Drs. Schmidt and Tanagho, discovered th ..read more

Patent marking statutes are essential elements of intellectual property law that help inform the public of patent rights, deter potential infringers, and can significantly impact the scope of damages a patent holder can recover in an infringement lawsuit. These statutes vary widely around the world, reflecting different legal traditions and economic priorities. This article explores the patent marking statutes in key jurisdictions, including the United States, Europe, China, Japan, and others. 1. United States Patent marking in the United States plays a critical role in the patent enforce ..read more

The intersection of intellectual property rights and the fashion industry is not without its challenges and controversies. The fast-paced nature of fashion trends, coupled with globalized supply chains and digital platforms, has facilitated the proliferation of counterfeit goods, unauthorized replicas, and design knockoffs, posing significant threats to brand integrity, consumer trust, and market competitiveness. The emergence of online marketplaces and social media platforms has further complicated enforcement efforts, creating new avenues for counterfeiters to exploit loopholes and evade ..read more

Design patents and registered designs provide designers and fashion brands with exclusive rights to commercially exploit and prevent unauthorized copying of their innovative designs, ensuring a competitive edge in the marketplace and incentivizing investment in design innovation.   Design patents grant their holders exclusive rights to the ornamental design of a functional item for a limited period, typically 15 years in the United States. Unlike utility patents, which protect novel and non-obvious functional aspects of inventions, design patents focus solely on the visual appearance or ..read more

Copyright law plays a significant role in protecting original creative expressions embodied in fashion designs, textile patterns, and graphic prints. While the functional aspects of clothing are generally excluded from copyright protection, the artistic elements of design, such as original prints, patterns, and embellishments, may qualify for copyright registration as works of applied art. Designers and fashion houses leverage copyright protections to safeguard their design archives, prevent unauthorized replication of signature motifs, and assert their creative authorship in the face of imi ..read more

Intellectual property rights play a pivotal role in safeguarding the creativity, innovation, and commercial interests of designers, brands, and stakeholders alike. From haute couture houses to streetwear labels, the fashion sector thrives on the ability to protect and monetize intangible assets such as trademarks, copyrights, and designs, which imbue garments and accessories with distinctiveness, value, and market appeal.   The concept of intellectual property rights in the fashion industry encompasses a multifaceted framework of legal protections, encompassing a spectrum of creative o ..read more

In the intricate web of legal battles, access to justice often hinges on financial resources. In a perfect world, the pursuit of justice would be solely guided by the merits of a case. However, reality often dictates otherwise, with the cost of litigation acting as a barrier for many individuals and businesses. Enter litigation funding, a burgeoning industry that aims to level the playing field by providing financial support to litigants. In this article, we delve into the concept of litigation funding, its evolution, impact, and the ethical considerations surrounding its practice.   ..read more

Few emerging technologies capture the imagination quite like Neuralink. Born from the visionary mind of Elon Musk, Neuralink is a groundbreaking venture that aims to merge the human brain with artificial intelligence through the development of advanced brain-computer interface (BCI) technology. Since its inception, Neuralink has sparked both excitement and intrigue, promising to revolutionize the way we interact with technology and potentially redefine what it means to be human. In this comprehensive exploration, we delve into the intricacies of Neuralink, examining its origins, ambitions, po ..read more

Spiking Neural Networks (SNNs) draw inspiration from the biological behavior of neurons in the human brain. In biological systems, neurons communicate through electrical signals called action potentials or spikes. These spikes are the fundamental units of information transfer in the brain, enabling the transmission of signals across interconnected networks of neurons. SNNs aim to replicate this spiking behavior and the associated communication dynamics in artificial neural networks. Neural networks have revolutionized the field of artificial intelligence, enabling significant advancements in ..read more

Intellectual Property (IP) is a valuable asset for businesses, encompassing patents, trademarks, copyrights, and trade secrets. In today's competitive landscape, protecting these intangible assets is crucial. Intellectual Property Insurance, also known as IP insurance, has emerged as a strategic tool for businesses to mitigate the risks associated with IP infringement and safeguard their innovations. 1. Rising IP Risks: The expansion of businesses into global markets and the increasing reliance on technology have made intellectual property more vulnerable to infringement. As companies grow an ..read more