Protection of Intellectual Property (IP) in the Metaverse

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. The dramatic rise in e-commerce in the last two decades saw many […]

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Understanding the 3 Common Forms of IP & their Varying Levels of Protection

The term ‘Intellectual Property (IP)‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. People are aware of the term ‘Property,’ which relates to the regulations, rules, and laws of ‘Real Property’ or ‘Real Estate,’ […]

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Open-Source & Patent Rights – Can They Co-Exist?

A patent is a form of Intellectual Property (IP) granted to the owners of an invention or innovation, giving them the right to control how others could use or exploit their invention or innovation. At present, the software, in many cases, is released under what’s widely known as an ‘Open-Source License,’ which corresponds to the […]

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Why is Market Research Important for Patent Protection?

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or […]

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Exploring the Top 5 IP Challenges that Brands & Businesses Face

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that […]

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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO), thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. It also […]

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Can You Seek a Patent on Life Forms?

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. A life […]

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The Infamous Defense of Inequitable Conduct

What is Inequitable Conduct? Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. […]

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Saving your Mark from Trademark Genericide

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. How have then they become generic terms? In the Trademark Law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the product or […]

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