IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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Patent Application Inventor Patent Invention 62

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

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Invention Inventor Patent Patent Application 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 52

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. The transfer is facilitated in India by the Indian Patent office. Assignment of License is transfer of ownership.

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Intellectual Property Technology Licensing Invention 98

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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Inventor Invention Patent Patent Application 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. patents and patent applications. Vidal , 43 F.4th

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Inventor Invention Patent Application Designs 119

IP Intelligence

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. the “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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Designs Design Design Patent Branding 59

Patently-O

JUNE 28, 2023

(Guest Post by Kevin Ahlstrom, Associate General Counsel, Patents, Meta. – Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. At Meta, employees are encouraged to submit patent ideas through an inventor portal.

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Inventor Invention Ownership Patent 129

Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). This case establishes binding precedent that a terminal disclaimer cuts off any extended patent term granted through PTA. Thus, PTE extends beyond a disclaimed term, while PTA does not.

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Patent Invention Ownership Inventor 52

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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Invention Inventor IP Ownership 122

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

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Trademark Patent Invention Intellectual Property 40

The IPKat

DECEMBER 13, 2021

The headlines are the result of the Project’s filing of parallel applications to patent offices in several jurisdictions over a number of inventions generated by an AI system named DABUS (Device for the Autonomous Boot-strapping of Unified Sentience), invented by Dr Stephen Thaler.

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Inventor Invention Ownership Intellectual Property Law 135

Kashishipr

DECEMBER 8, 2021

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. However, a modified form of life may be considered a patentable subject matter. Whether or not Patents over Life Forms should be Granted?

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Patent Intellectual Property Invention Ownership 105

LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.” Merkin , 791 F.3d

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Ownership Copyright Registration Public Domain 64

Intepat

APRIL 4, 2022

Will it affect the patentability of the invention? It is time to think if our ideas are patentable if we share them in the public domain. The Intellectual Property Office grants patents to encourage new technology, development, and scientific research. Therefore, the patent was rejected because it lacked novelty.

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Public Domain Social Media Patent Invention 97

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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Intellectual Property Contracts Ownership Invention 98

Patently-O

OCTOBER 18, 2021

2891 – Restoring the America Invents Act. Substantial changes to the IPR system to favor the patent challenger. 2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle.

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Patent Ownership Settlement Branding 55

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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Design Patent Designs Design Trademark 70

Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. 102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. The patents list two inventors, Richard Darr and Edward Morgan.

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Inventor Invention Designs Design 74

LexBlog IP

AUGUST 16, 2023

IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business. Technology is often protected through patents or trade secrets. In most cases, this can be broken down between two central areas – technology and branding.

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Due Diligence IP Intellectual Property Ownership 52

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. For example, a copyright will help keep your ownership over artistic creations (like songs or videos). For example, a copyright will help keep your ownership over artistic creations (like songs or videos). Why is IP important?

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Intellectual Property Invention Ownership Contracts 74

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

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Intellectual Property Cease and Desist Invention Branding 52

Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

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Inventor Ownership Contracts Intellectual Property 68

Intellectual Property Law Blog

JANUARY 22, 2024

Patent Nos. 7,523,373 (the “’373 patent”) and U.S. 7,725,759 (the “’759 patent”). billion for literal infringement of the ’373 patent and an additional $675 million for infringement of the ’759 patent under the doctrine of equivalents. Intel argued that due to a recent change in ownership of Finjan, Inc.,

Licensing 147

Licensing Patent Law Ownership 147

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. When the two broke-off their relationship Sgromo wanted the patents back and sued. Peter Sgromo v. Leonard Scott ( Fed.

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Ownership Patent Law Invention Licensing 71

Patently-O

DECEMBER 13, 2023

by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections.

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Patent Patent Application Art Ownership 52

Patently-O

FEBRUARY 13, 2023

During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case. Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting.

Inventor 74

Inventor Ownership Invention Patent 74

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application.

Designs 51

Designs Design Ownership Design Patent 51

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. The ownership is not transferred. IP assets are primarily directed towards economic gain, either directly or indirectly.

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Intellectual Property Due Diligence Ownership Invention 52

IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

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Inventor Moral Rights Patent Invention 52

LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

Patent 52

Patent Inventor Invention Patent Application 52

Kashishipr

JUNE 3, 2021

As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. The same serves as a disincentive to transferring ownership of IP outside the US. Today, something known as ‘Patent Box Regimes’ is widespread in Europe.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application.

Designs 44

Designs Design Ownership Design Patent 44

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. In the second part, Harrison gradually unfolds the case.

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Intellectual Property Editing Privacy Moral Rights 89