SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. An important question that arises is can AI actually invent on its own?

Invention 122

Invention Inventor IP Ownership 122

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

Intellectual Property Law Blog

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 130

Invention Patent Prosecution Ownership Inventor 130

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Thaler attempted to register a copyright for a computer-created work of art. Vidal , 43 F.4th

Invention 126

Invention Intellectual Property Registration Copyright 126

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

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Art Copyright Artistic Work Public Domain 52

Patently-O

MAY 4, 2023

May 2 , 2023) Joint inventorship requires a substantial contribution to the invention. US Patent 9,980,498 has four inventors that are employees of and assigned their interest to Hormel. US Patent 9,980,498 has four inventors that are employees of and assigned their interest to Hormel. In the decision HIP, Inc.

Inventor 71

Inventor Invention Art Ownership 71

Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. An inventor is a presumptive owner of any resulting patent rights.

Inventor 74

Inventor Ownership Invention Patent 74

Patently-O

AUGUST 28, 2023

patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Obviousness-type double patenting (ODP) is a judicially created doctrine that prevents an inventor from obtaining a second patent for claims that are not patentably distinct from claims in a first patent.

Patent 52

Patent Invention Ownership Inventor 52

IP Intelligence

MAY 9, 2023

Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor. United States patent no. Iolab Corp. , 3d 1344 (Fed. at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 52

LexBlog IP

MAY 9, 2023

Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor. United States patent no. Iolab Corp. , 3d 1344 (Fed.

Inventor 52

Inventor Invention Patent Application Art 52

Patently-O

DECEMBER 21, 2022

102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. Under this old law, an accused infringer was able to assert a defense of invalidity if the issued patent fails to name the correct inventors. The patents list two inventors, Richard Darr and Edward Morgan.

Inventor 74

Inventor Invention Designs Design 74

Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Supporters argued the bill was necessary to prevent patent suppression and ensure access to inventions.

Patent Law 110

Patent Law Patent Law Invention 110

LexBlog IP

OCTOBER 18, 2022

Tale decisione conferma in toto la posizione espressa nel 2020 dalla Sezione ricevente dell’EPO e ribadisce che solo un essere umano può essere designato come inventore nel quadro del sistema retto dalla Convenzione di Monaco (“EPC”). L’art. I fatti all’origine della vicenda: il caso DABUS.

Inventor 52

Inventor Art Ownership Invention 52

Patently-O

JANUARY 19, 2024

While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee.

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Inventor Ownership Contracts Intellectual Property 68

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 110

Invention Inventor Patent Law 110

LexBlog IP

DECEMBER 26, 2023

You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs 52

Designs Design Trademark Copyright 52

43(B)log

AUGUST 11, 2022

Representation of Female Inventors on Patent Teams Jordi Goodman Equity would be achieved in 2092 if current trends continue. Curating Black Music: Copyright, Ownership & Commodification Olufunmilayo Arewa Book project: How recording business has shaped identities through curation, including of sexuality and of profits.

Inventor 72

Inventor Music Invention IP 72

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Patently-O

DECEMBER 13, 2023

The decision cements that for OTDP analysis, any comparison of unexpected results or long-felt need must be made to the applicant’s own earlier patent claims, not the closest “prior art.” Section 102 of the Patent Act defines prior art, and includes an important exception that is incredibly relevant to the OTDP situation.

Patent 52

Patent Patent Application Art Ownership 52

Patently-O

JULY 22, 2022

In particular, the agreement required disclosure and assignment of “any ideas, conceptions, inventions, or plans relating to sleep, mattresses, bedding, sleep monitoring, health or wellness as it relates to sleep (including biometric monitoring relating to sleep), or bedroom or sleep technologies.” Young , 33 F.4th May 11, 2022).

Patent Prosecution 79

Patent Prosecution Patent Invention Patent Application 79

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

LexBlog IP

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 52

Invention Patent Prosecution Ownership Inventor 52

Patent Trademark Blog

DECEMBER 8, 2021

Are there any patent grace periods that might give inventors more time to file? Grace periods are generally applicable to the pre-filing activities of inventors and others connected to the inventors (e.g., third parties who divulged information taken from the inventors). Whose activities matter?

Inventor 40

Inventor Patent Invention Patent Application 40

The IPKat

MAY 29, 2023

The hypothetical case is an invention for a diagnostic device and method, all with the use of an artificial intelligence network to analyse data. The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

IPilogue

APRIL 1, 2022

Canadian patents also tended to belong to individual inventors rather than larger assignees, involved fewer inventors, and were cited less frequently, making them relatively less valuable in the global market for innovation. Identifying Artificial Intelligence (AI) Invention: A Novel AI Patent Dataset. Conclusion.

IP 73

IP Intellectual Property Inventor Ownership 73

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler. § 101.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler. § 101.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

SpicyIP

SEPTEMBER 5, 2022

Some studies have shown that juries favour independent inventors / start-ups over bigger corporate defendants (e.g. However, patent ownership controversy with the NIH is a separate story ( here and here ). However, as is evident, ownership over this technology and its component parts is extremely fuzzy. This David v.

Litigation 137

Litigation Patent Technology Ownership 137

LexBlog IP

JUNE 15, 2022

Art, said Stephen, is the human disposition of sensible or intelligible matter for an esthetic end.” The AI is not the maker of the Work but in some sense, the medium or tools of the art, no different than oil paints applied by the artist, brushes handled by the painter, or a camera pointed by the photographer.

Inventor 52

Inventor Copyright Art Intellectual Property 52

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. For an invention to be patentable, it must meet specific requirements regarding the subject matter, commercial use of the invention, and the invention’s novelty and nonobviousness.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

IIPRD

OCTOBER 17, 2022

It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. Patent Infringement. Conclusion and Suggestions.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. 92, 96 (1876) (“A patent for an invention is as much property as a patent for land.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

MARCH 27, 2023

” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship. Instead, OpenAI treats the matter as one of ownership via contract law. Patents: Inventorship Can an AI, such as ChatGPT, invent? Patent law requires at least one human inventor. For example, under U.S.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. He underlined that intellectual property is about more than simply production; it is also about solving social concerns with inventive solutions.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52