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Novelty and Inventive Step: The Two Core Criteria That Determine Whether an Invention Is Patentable

Novelty and inventive step (non-obviousness) are the two most-litigated patentability requirements. This article explains their legal definitions under Japanese, US, and European law, and how they are argued in examination, opposition, and invalidity proceedings.
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Patents vs. Trademarks vs. Copyrights vs. Design Rights: A Practical Guide to the Four Types of IP

Patents, trademarks, copyrights, and design rights each protect different aspects of innovation. Using the smartphone as a case study, this guide explains what each right covers, how long it lasts, and how all four can apply to a single product.
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Steinway’s Patents Expired Long Ago. So Why Can’t Anyone Replicate Their Dominance?

Steinway & Sons holds no active patents that cover the core technologies of its concert grand pianos. The overstrung pla...
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Can a Color Be a Trademark? Le Creuset’s Orange and the Legal Requirements for Color Mark Registration

In 1995, the United States Supreme Court confirmed that a single color can function as a trademark. The decision in Qual...
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Why Takashi Murakami Treats IP as an Art Form: Trademark, Copyright, and Licensing as Creative Strategy

Takashi Murakami is simultaneously one of the most commercially successful contemporary artists and one of the most stra...
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The Birkin Isn’t Protected by a Patent — It’s Protected by Trade Dress: Hermès’s IP Strategy

The Hermès Birkin bag has no active patent protection. Its iconic silhouette cannot be exclusively claimed through desig...
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Protecting 400 Years of Craft: How Arita Porcelain Navigates Japan’s Brand Protection Landscape

Arita ware (有田焼), the Japanese porcelain produced in and around Arita, Saga Prefecture since 1616, commands global recog...
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How IP Law Will Evolve in the AGI Era: AI Inventions, AI Authorship, and the Regulatory Crossroads

As artificial general intelligence (AGI) comes into view, intellectual property law confronts foundational questions it ...
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When a Car Shape Becomes a Trademark: Ferrari, Porsche, and Jeep’s Design IP Strategies

When a car's shape becomes recognizable without its logo, that form may deserve legal protection. Ferrari's distinctive ...
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How Meta’s Llama Strategy Rewrote the Rules: Open Source AI as an IP Strategy

Meta's decision to release the Llama series in "open" form has introduced structural changes to the competitive dynamics...