đ11 Kiryat Hamada Street, Jerusalem, Israel
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âKnow your invention.â It is a simple statement, and one that I often repeat in introductory seminars on patenting. For a Patent Applicant (and her Patent Attorney), a clear understanding of the invention to be claimed is essential both for determining what features of the invention must be recited in one or more claims, and also what and how those features must be described in the claim-supporting specification. For some inventions however, the patentable technological advance lies not so much in those features that are present in the claimed invention, but rather in those that are excluded from it. Recently, in Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc. (Novartis) the US Court of Appeals for the Federal Circuit (CAFC) provided a gentle reminder of the description required for the specification to support such exclusionary (negative) claim limitations.
Novartis was heard by the CAFC previously, and with a different outcome from which the current case appealed.
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An application to register the trademark, âPLAY THAT MOVES YOUâ, in International Class 28, for goods relating to playground equipment (Israel Trademark Application No. 318286) was submitted by BCI Burke Company, LLC on July 3, 2019. The Applicant requested registration based upon the Applicantâs trademark registration in their home country, the USA.
The Examiner refused the registration on the grounds that the application lacked distinctiveness, and was descriptive.
Furthermore, the Examiner rejected the Applicantâs request to accept the application based upon the âtelle-quelleâ provision.
On appeal, the Judge added insult to injury stating thatâŚ.
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Anat Shani, the CEO of Synchrony Medical and Dr. Moshe Ashkenazi, one of the co-founders spoke with Avraham about their wearable bio-tech product, the LibAirty, which is a home-use airway clearance system to help patients with chronic lung diseases maintain clear lungs with short, daily treatments.
Avraham sat down with Anat and Moshe in the offices of Synchrony Medical where they discussed the challenges of growing a startup, whatâs unique about building a startup in Israel, standing out from the competition, the role of patents in their business, tips for startup founders and much more.
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It is believed that by 2026, 25% of all people will spend at least one hour a day in the metaverse for work, shopping, education, social purposes and/or entertainment. âLicensingâ in the metaverse has been identified as the world`s largest untapped licensing market and has been hailed as the future of IP Licensing and it could represent as much as a 40% increase in licensing business in the near future.
As a result, companies of all sizes, from startups to Fortune 500 companies, must be able to harness and extract value from their intellectual property assets and leverage and monetize them into new revenue streams and market opportunities.
In this latest article in my series on the interaction of IP and NFT`s and the metaverse, I examine the legal aspects of licensing IP in the metaverse, some of the different types of IP licensing contracts to be found there, and the legal concerns, challenges and risks associated therewith.
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The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
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For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clientsâ IP rights. Weâre here for you.
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Managing Partner
JMB Davis Ben-David
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