Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law.

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LexBlog IP

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. 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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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. That’s understandable.

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The IPKat

AUGUST 31, 2022

Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh? Ownership of IP In a recent curious example, Spice DAO paid $3 million for an original 1975 copy of the Dune bible by Alejandro Jodorowsky. Such ownership sometimes arises “automatically” when a work has been created in the course of employment.

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Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. Pre-Invention Innovations Not Captured by Employment Agreement Duty to Assign. See, e.g., AT&T v. 2d 1321 (Fed.

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Intepat

MAY 24, 2024

In today’s highly competitive business environment, safeguarding intellectual property (IP) is of paramount importance. Two key methods for the same are patents and trade secrets, offering different approaches, advantages, and risks. Patents offer strong legal protection but come with high costs and public disclosure.

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LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Instead, OpenAI treats the matter as one of ownership via contract law.

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Utility Patents.

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Patently-O

DECEMBER 20, 2023

In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created. Thaler concerns two patent applications (GB1816909.4 and GB1818161.0)

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IPilogue

JULY 7, 2021

Determining whether an employer or an employee owns the intellectual property of a work produced during the course of employment can be challenging. The Patent Act contains no express provisions pertaining to the ownership of inventions produced by an employee during the course of their employment.

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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.

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Intepat

DECEMBER 4, 2023

In recent years, India has witnessed a remarkable surge in the awareness and utilization of intellectual property rights (IPR) within its Micro, Small, and Medium Enterprises (MSMEs) sector. The Role of Patents in Empowering MSMEs Patents play a transformative role in the growth and success of MSMEs.

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The IPKat

FEBRUARY 11, 2024

From a long-awaited WIPO Diplomatic Conference , to the debates about the Traditional Knowledge Bill in India, and the release of new guidelines on the use of traditional knowledge in Australia, this year may prove the busiest yet for the relationship between intellectual property and traditional knowledge.

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LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application?

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Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Failing to comply would result in the application being considered withdrawn.

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Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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IP Watchdog

AUGUST 2, 2021

The Honorable Justice Beach, in a very thorough judgment, set aside the decision of the Deputy Commissioner of Patents that patent application no. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

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Kashishipr

DECEMBER 8, 2021

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. 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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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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IP Intelligence

NOVEMBER 14, 2023

late February), the Director is required to publish guidance for patent examiners and applicants regarding inventorship when AI is employed in the inventive process. [3] And if so, how will ownership be attributed? Within 120 days of the EO (i.e., Separately, within 270 days of the EO (i.e., 1] [link]. [2] at Sec 5.2(c).

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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. However, it is not applicable in other countries.

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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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IPilogue

NOVEMBER 1, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents. Firstly, Kim et al. However, Kim et al.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Intellectual Property Considerations.

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Patent Trademark Blog

APRIL 22, 2022

Why assign the patent to your company? A US patent application must identify each individual inventor who contributed to the claimed invention whether or not they have ownership rights. That is why a patent application would never identify a company only. Are you trying to get your company acquired?

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LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

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LexBlog IP

NOVEMBER 2, 2023

Intellectual property is a key focus. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S.

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LexBlog IP

NOVEMBER 1, 2023

Intellectual property is a key focus. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S.

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Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Intellectual property is a key focus. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S.

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Copyright Intellectual Property Fair Use IP 52

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S.

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LexBlog IP

MAY 2, 2023

Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur. under the Patent Act. Stephen Thaler also has related pending patent applications in multiple other jurisdictions.

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LexBlog IP

FEBRUARY 17, 2023

More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor. ” And, “[d]o inventions in which an AI system contributed at the same level as a joint inventor raise any significant ownership issues?“

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Intepat

APRIL 11, 2023

Intellectual property rights are critical for Startups to protect their innovative ideas and creations. Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., to safeguard their intellectual property. This becomes crucial due to the fiercely competitive business world we coexist in today.

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LexBlog IP

MARCH 25, 2022

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.

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IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

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