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Lexology PRO | Asia-Pacific, Australia, China, etc. | 28 Apr 2022

AI and intellectual property: key updates and developments

Australia reverses its stance on AI inventorship, the EU publishes a report on the impact of AI on copyright infringement, and the UK clarifies its approach to AI-related inventions - plus other key updates.
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Spoor & Fisher | South Africa | 4 Apr 2022

Obtaining patent protection in South Africa: FAQs

To obtain the grant of a patent in South Africa, it is necessary to file a patent application accompanied by a complete patent specification. The grant of a patent prevents others from exploiting the owner's invention for a limited period. However, to enjoy this exclusivity, the owner must fully disclose the invention in the patent specification so that others may exploit it once the patent......
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OMC Abogados & Consultores | Peru | 4 Apr 2022

Utility models: most widely used protection instrument in Peru

According to the latest report issued by the Peruvian Patent Office, inventors and national companies requested 360 applications for utility models in 2020, which represents an increase of 24% compared with 2019 and 38% compared with 2018. In view of this situation, it is worth asking why Peruvian inventors are increasingly seeking to protect their inventions through utility models – is there......
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Lee and Li Attorneys at Law | Taiwan | 4 Apr 2022

Patentee's claim interpretations from prosecution history may not necessarily limit claim scope

In an infringement action, the court may not necessarily construe the claims of the patent concerned in a more limited manner based on the patentee's statements relating to adding limitations to the claim scope during prosecution or invalidation proceedings. This was exemplified in a recent Intellectual Property and Commercial Court judgment of a patent litigation action based on a lock design.
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Lexology PRO | Australia, Canada, European Union, etc. | 21 Mar 2022

What are the IP implications of NFTs?

A brief look at the intellectual property implications of NFTs, including copyright and trademark infringement, patent subject-matter eligibility, and counterfeiting risks.
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GEVERS | European Union | 7 Mar 2022

(Non-)uniqueness of closest prior art

The method applied by the European Patent Office to assess the presence of an inventive step is based on the "problem-solution" approach. This approach has three main steps: determining the closest prior art; establishing the objective technical problem to be solved; and examining whether the claimed invention, starting from the closest prior art and the objective technical problem, would......
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Wanhuida Intellectual Property | China | 28 Feb 2022

SPC adjudicates first parallel civil and administrative proceedings involving chiral drug patent

The IP Court of the Supreme People's Court recently rendered the final decisions in the first parallel civil and administrative proceedings involving the medical use invention of a chiral drug. These cases shed light on the assessment of the technical teaching of prior art, inventiveness parameters for optical isomers and medical use inventions, the scope of protection of medical use claims,......
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GEVERS | European Union | 28 Feb 2022

Protection of blockchain inventions in European Union

Filing patent applications plays a crucial role in a blockchain protection strategy, and patents can be used to protect not only core blockchain technology inventions, but also inventions on the application (use) of blockchain technology. This article outlines how to protect blockchain innovations in the European Union.
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Smart & Biggar | Canada | 21 Feb 2022

Canadian patent law 2021: part two

2021 saw changes in Canadian patent legislation and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions and new takes on central tenets of patent law. This article is part of a series that highlights statutory changes and a selection of the most interesting patent cases reported in 2021.
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Smart & Biggar | Canada | 21 Feb 2022

Canadian patent law 2021: part one

2021 saw changes in Canadian patent legislation and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions and new takes on central tenets of patent law. This article is part of a series that highlights statutory changes and a selection of the most interesting patent cases reported in 2021.
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