The IPKat

DECEMBER 20, 2023

The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. Issue 2 is whether Dr Thaler was nevertheless the owner of any invention in any technical advance made by DABUS and entitled to apply for and obtain a patent in respect of it. The judgment under appeal by the Court of Appeal was reported here.

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The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. To be a joint inventor, “a person must make a significant contribution to the invention as claimed. 9,980,498 (the “’498 Patent”).

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Patently-O

FEBRUARY 13, 2023

Sywula sued for correction of invention, and the District Court initially dismissed the case on standing, but – after an amended complaint – has now agreed that Sywula has met the requirements to survive a pleading-stage demurrer. In patent law, inventorship is tied directly to ownership. 23, 2023). 3d 659 (Fed.

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Inventor Ownership Invention Patent 73

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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The IP Law Blog

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. government’s spending package, the Consolidated Appropriations Act , for 2023. Further, anyone holding rights in the invention must also qualify as a small entity.

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The TTABlog

JUNE 27, 2023

90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. The Board, however, observed that "ownership of a design patent does not, in itself, establish that a product feature is non-functional; such ownership can be outweighed by other evidence supporting a functionality determination." Welch 2023.

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LexBlog IP

FEBRUARY 7, 2024

6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] Another development was the publication of the G7 voluntary code of conduct for developers of advanced AI systems. [10]

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Intellectual Property Law Blog

JANUARY 22, 2024

2023) , VLSI sued Intel for infringement of U.S. Intel argued that due to a recent change in ownership of Finjan, Inc., Here, the Federal Circuit is looking for particularized evidence “linking arguments as to the insubstantiality of the differences between the claimed invention and the accused device.” In VLSI Technology LLC v.

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Licensing Patent Law Ownership 147

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. To be a joint inventor, “a person must make a significant contribution to the invention as claimed.

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Inventor Invention Art Patent 52

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S. Both the U.S.

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The TTABlog

JUNE 27, 2023

90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. The Board, however, observed that "ownership of a design patent does not, in itself, establish that a product feature is non-functional; such ownership can be outweighed by other evidence supporting a functionality determination." Welch 2023.

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LexBlog IP

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. government’s spending package, the Consolidated Appropriations Act , for 2023. Further, anyone holding rights in the invention must also qualify as a small entity. had a gross income.

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Patently-O

AUGUST 18, 2023

18, 2023). Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. By Dennis Crouch Thaler v. Perlmutter, No. 22-1564 (D.D.C. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

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Copyright Public Domain Copyright Law Ownership 76

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?

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Invention Inventor Patent Law 110

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. 18 (see image at right).

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Patently-O

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. 13, 2023) (non-precedential). Cellect’s petition has been supported by 10 amicus briefs. 2022-1896 (Fed.

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Patent Patent Application Art Ownership 51

SpicyIP

SEPTEMBER 3, 2023

On August 9, 2023, the Delhi High Court issued the first ever “Dynamic+” Injunction order in Universal City Studios LLC and Ors v. Specifically, since the court in the latest order does not provide for a detailed recourse in case of a dispute on the ownership of the copyright.

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Invention Ownership Copyright Copyright Infringement 115

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. these are available so that the creators can benefit from their inventions and creations. [8] 30, 2023) [6] Supra Note 5. [7] References: [link] What Are the Copyright Rules Around AI Art?

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Garrigues Blog

OCTOBER 26, 2022

The EUIPO’s guidelines as from 2023. Given the speed with which Web3 technologies change and are re-invented, we cannot rule out new changes arising in the next few months. The term is not understood to mean the digital item itself, rather the means of certification.”. We will be watching carefully. Marta González Aleixandre.

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Intepat

APRIL 11, 2023

This pilot scheme was extended to 31st March 2023 due to its success and has further seen an extension up to 31st March 2026. This scheme, however, merely aids the applicants to garner protection for their IPRs and does not in any way transfer ownership of the same to either the facilitators or the government.

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Intellectual Property Government IP Patent Application 52

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. 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. 1783 (2023). And for primarily AI-driven inventions, are minor tweaks by a human collaborator enough?

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Invention Inventor Patent Ownership 62

SpicyIP

NOVEMBER 9, 2023

Tuberculosis and Bedaquiline According to the Global Tuberculosis Report 2023 , although the cases of Tuberculosis have been de-accelerating, the different variants like MDR-TB haven’t been controlled properly especially after Covid-19. (Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here ].

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Patent Reporting Government Ownership 69

LexBlog IP

FEBRUARY 26, 2024

President Biden mandated the issuance of such Guidance in his executive order on AI (see our prior alert here ) [1] in October 2023. However, the Guidance clarifies that AI-assisted inventions are not automatically ineligible for patent protection so long as one or more natural persons “significantly contributed” to the invention.

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Invention Inventor Patent Patent Application 52

LexBlog IP

JANUARY 22, 2024

2023) , VLSI sued Intel for infringement of U.S. Intel argued that due to a recent change in ownership of Finjan, Inc., ” Here, the Federal Circuit is looking for particularized evidence “linking arguments as to the insubstantiality of the differences between the claimed invention and the accused device.”

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Licensing Patent Law Ownership 52

Technology & Marketing Law Blog

MAY 15, 2024

The Supreme Court’s opportunity came with the 2023 decision in Nealy v. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations.

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Music Blogging Copyright Ownership 68

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.

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LexBlog IP

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Both the U.S.

Government 52

Government Business Copyright Licensing 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

DECEMBER 11, 2023

On December 7, 2023, the Biden administration announced a blueprint for a framework that may be a tough pill to swallow for the pharmaceutical industry. Before the Bayh-Dole Act, the government would often claim ownership of any invention developed with its support, leading to many innovations languishing undeveloped.

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Patently-O

MAY 4, 2023

May 2 , 2023) Joint inventorship requires a substantial contribution to the invention. to create preheated meat pieces… On appeal, Hormel argues that Howard’s contribution is well-known in the art and insignificant when measured against the full invention. He has an extensive background in chemistry and food science. HIP, Inc.,

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Inventor Invention Art Ownership 70

IIPRD

FEBRUARY 8, 2024

Moreover, IP rights are inherently territorial, creating problems for IP owners who use cloud computing, such as their patented inventions being used or infringed in multiple locations without their consent or knowledge. 2023) IP issues in cloud computing, Intellectual Property, IPR & Corporate Law Firm Chennai, Bengaluru.

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IP and Legal Filings

JANUARY 2, 2024

Madhurkumar Ramkrishnaji Bajaj (2023) , the court was presented with a question of determining whether cancellation of a conveyance deed is arbitrable, as there was no arbitration clause in the Conveyance deed. Madhurkumar Ramkrishna Bajaj, 2023 INSC 1081 Deccan Paper Mills v. Northern Coal Field Ltd., 2020) 2 SCC 455.

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Intellectual Property IP Licensing Ownership 93

IP Intelligence

MAY 9, 2023

Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. 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.

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LexBlog IP

MAY 9, 2023

Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. In particular, a drafting attorney should accordingly take care to consider whether a potential inventor’s contribution was “[]significant in quality” when compared to the overall invention. In HIP, Inc. at 10) (emphasis added).

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Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Millions of U.S. The doctrine has its stated origins in 35 U.S.C.

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Patent Invention Ownership Inventor 52

Technology & Marketing Law Blog

JUNE 17, 2023

OpenAI, creator of ChatGPT, GPT-3 and GPT-4, Codex and Copilot AI systems, is the consensus leader in the race to create AI that may take all of our jobs and destroy the human race be the most disruptive technology since the invention of the printing press. 2023 WL 3449131 at *1 (N.D. May 11, 2023). Complaint at 31.

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The IPKat

FEBRUARY 3, 2023

There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law. This litigation has arisen amongst a flurry of recent interest in AI generated works.

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