JD Supra Law

DECEMBER 11, 2023

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which (..)

Invention 70

Invention Patent Application Ownership Patent 70

JD Supra Law

NOVEMBER 12, 2021

A patent has the attributes of intangible personal property - it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Ownership 52

Ownership Patent Patent Law Law 52

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IPilogue

NOVEMBER 9, 2021

PBRs are not patents, but a lower-cost, more accessible mode of protecting legal rights without seeking exclusive ownership of a “ higher life form. bacteria), cell clusters (moulds and yeast), and hybridomas (merged cell lines used to test for the presence of antibodies during an induced immune response).

Patent Law 106

Patent Law Law Patent Marketing 106

JD Supra Law

APRIL 14, 2022

patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262.

Licensing 102

Licensing Ownership Patent Law Patent 102

SpicyIP

AUGUST 1, 2021

India was in favor of prohibiting patenting all lifeforms because of the ethical question involved in extending private ownership over lifeforms and the question of the appropriateness of IPR in recognizing informal systems of knowledge. Concluding Thoughts.

Reporting 140

Reporting Patent Law Law Patent 140

JD Supra Law

NOVEMBER 10, 2021

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee.

Technology 94

Technology Law Ownership Patent Law 94

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.

Invention 122

Invention Inventor IP Ownership 122

IPilogue

NOVEMBER 3, 2022

The balance that patent law seeks to achieve is well known, with Article I, Section 8, Clause 8 , of the United States Constitution defining the purpose “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

Patently-O

FEBRUARY 9, 2022

On appeal now, the Federal Circuit has refused to hear the case — finding that a patent ownership dispute does not “arise under” the patent laws. 251 (2013) (patent attorney malpractice does not arise under the patent laws). See, Gunn v. Minton , 568 U.S.

Ownership 71

Ownership Patent Law Invention Licensing 71

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

Patently-O

JULY 21, 2022

patent laws are subject to exclusive jurisdiction of the Federal Court system. Here, however, the lawsuit asserts only state law claims of breach & conversion. 251 (2013), the court concluded that the underlying patent law issues were not substantial enough to warrant Federal jurisdiction. Applying Gunn v.

Licensing 77

Licensing Patent Patent Law Intellectual Property 77

Intepat

DECEMBER 4, 2023

Patentability: It should not fall into the category of exceptions or subjects that are not patentable as per the relevant patent laws. The Ownership Dilemma In the realm of patents, it’s essential to differentiate between the inventor and the applicant, holder, or owner of the patent.

Patent 52

Patent Intellectual Property Ownership Invention 52

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

The IPKat

DECEMBER 13, 2021

First, an inapt analogy to accessio, an aspect of which deals with “ownership of the progeny of animals or the treatment of fruit or crops produced by the labour and expense of the occupier of the land (fructus industrialis)”. seahorses).

Inventor 135

Inventor Invention Ownership Intellectual Property Law 135

The IPKat

NOVEMBER 4, 2022

The patent chapter addresses patentability subject matter, inventive step or non-obviousness, enablement or sufficient disclosure, inventorship, and other forms of protection such as utility model. She also highlights areas in need of further investigation, such as ownership and moral rights.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

LexBlog IP

AUGUST 16, 2023

Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark. This ownership comes with exclusive rights to use the mark in connection with specific goods or services.

Branding 40

Branding Brands Branding Registration 40

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. Also, there arise questions of obviousness and ownership rights. Many times, a patent is a result of constant trial and error.

Patent 105

Patent Intellectual Property Invention Ownership 105

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity.

Inventor 111

Inventor Patent Invention Intellectual Property 111

Barry Sookman

JANUARY 30, 2022

Copyright Ownership, Transfers, and NFTs [link] 2022-01-25. Is crypto code law? ARTIFICIAL INTELLIGENCE NOT AN “INVENTOR” UNDER EUROPEAN PATENT LAW: Is Canada heading down the same path? Computer and Internet Weekly Updates for 2022-01-22 [link] 2022-01-23. 2021 ONSC 369 (CanLII) | Cicada 137 LLC v. link] 2022-01-26.

Ownership 57

Ownership Inventor Patent Law Law 57

LexBlog IP

NOVEMBER 14, 2023

FOR IMMEDIATE RELEASE October 25, 2023 Champaign, Illinois – Julie King, King Business and Patent Law, PLLC, Champaign, Illinois was recently named to the National Small Business Association (NSBA) Leadership Council. ” King founded King Business and Patent Law in 2017. .

Law 40

Law Intellectual Property Business Patent Law 40

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.

Designs 52

Designs Design Trademark Copyright 52

Patently-O

JANUARY 19, 2024

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. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

Inventor 68

Inventor Ownership Contracts Intellectual Property 68

Patently-O

FEBRUARY 13, 2023

In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. However, those inchoate rights are assignable in a way that decouples inventorship and ownership. arising from his work on the endeavor.

Inventor 74

Inventor Ownership Invention Patent 74

The IPKat

AUGUST 11, 2023

If we ignore the red-herring of the DABUS case however, it is clear that the commercially relevant question raised by the possibility of AI inventorship is not inventorship, but ownership. It is the owner of an invention, and not the inventor who reaps the rewards of patent protection.

Inventor 52

Inventor Invention Law Ownership 52

The IPKat

NOVEMBER 4, 2021

The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention. The first (chapter 7), by Dan L.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

LexBlog IP

NOVEMBER 7, 2021

The only way to ensure you fully own the rights to your business name is to register the business name as a trademark with the United States Patent and Trademark Office. Registering your business name this way lets the world know you have the ownership rights to that name when it comes to the goods and services you provide.

Business 52

Business Cease and Desist Ownership Patent Law 52

Patently-O

DECEMBER 20, 2023

The UK Supreme court based its holding upon the text of the UK Patents Act of 1977 as it reached the same ultimate conclusion as the Federal Circuit in Thaler v. These Thaler cases showcase that under the current patent law regime, autonomous AI systems cannot qualify as inventors entitled to patent rights, irrespective of their creativity.

Invention 63

Invention Inventor Patent Ownership 63

The IP Law Blog

NOVEMBER 9, 2023

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. 9,980,498 (the “’498 Patent”). The dispute arose between HIP, Inc. (“HIP”)

Inventor 110

Inventor Invention Art Patent 110

IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge.

Ownership 82

Ownership Privacy Public Domain Copyright 82

LexBlog IP

APRIL 28, 2023

Currently, US law does not allow for copyright protection on works created solely by AI. Patent law has about a year’s head start on this issue, but the decisions have not been pro-AI. In 2022, the Federal Circuit ruled that computer programs cannot qualify as inventors under the US Patent Act.

Content Creation 52

Content Creation Plagiarism Blogging Ownership 52

SpicyIP

JANUARY 31, 2024

For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan. ” Similarly, while the order mentions “joint ownership” of the restaurant, suggesting a shared creatorship over the dishes, media reporting (e.g.,

Inventor 64

Inventor Ownership Reporting Registration 64

LexBlog IP

FEBRUARY 17, 2023

For instance, the USPTO askes, “[i]f an AI system contributes to an invention at the same level as a human who would be considered a joint inventor, is the invention patentable under current patent laws?” “ The USPTO also asks questions regarding how AI tools are currently being used.

Inventor 52

Inventor Invention Patent Application Ownership 52

Patently-O

MAY 9, 2024

The new enforceability requirement would be in addition to the existing provisions that require a terminal disclaimer to match the expiration date of the disclaimed patent to the referenced patent and promise enforcement only during common ownership. I would encourage folks to provide comments to the USPTO.

Patent Application 84

Patent Application Invention Patent Government 84

SpicyIP

SEPTEMBER 27, 2023

The public-interest issues in exclusive licensing will be protected appropriately and all Indian patents are secured by the GoI through March-in Rights including the option of compulsory license under our patent law, if there will be any exigency arising for that technology/patent.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

SEPTEMBER 6, 2021

.” The Court found this conclusion buttressed by the Federal Circuit’s consistent holdings that under current patent law “inventors must be natural persons,” citing Univ. Max-Planck-Gesellschaf t, 734 F.3d 3d 1315, I323 (Fed. 2013), and Beech Aircraft Corp. Edo Corp. , 2d 1237, 1248 (Fed.

Inventor 40

Inventor Invention Ownership Patent Law 40