SpicyIP

JULY 4, 2024

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application!

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Art Publishing Patent Application Invention 103

Intellectual Property Law Blog

DECEMBER 21, 2023

It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed. Regarding the jury instructions on comparison prior art, Columbia argued that the district court erred by failing to instruct the jury as to the scope of the comparison prior art.

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Art Design Patent Design Designs 162

JD Supra Law

AUGUST 7, 2024

A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. Court of Appeals for the Federal Circuit (CAFC) elaborated on the prior art public sale exception set forth in 35 U.S.C. On July 31, 2024, in a precedential decision, the U.S. 102(b)(2)(B).

Art 107

Art 107

Hugh Stephens Blog

OCTOBER 25, 2022

Not being on the cutting edge of hi-tech myself this term had not crept into my consciousness until a couple of weeks ago, while I was up at my cottage north of Toronto enjoying the … Continue reading " AI and Computer-Generated Art: Its Impact on Artists and Copyright "

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Art Copyright 246

Patently-O

OCTOBER 3, 2024

by Dennis Crouch The Federal Circuit is set to decide an important issue regarding the scope of prior art that can be considered during inter partes review (IPR) proceedings in the pending appeal of Lynk Labs, Inc. Samsung's petition relied upon a prior-filed patent application ("Martin") as a key prior art reference. Application No.

Art 59

Art Patent Application Patent Technology 59

IP.com

OCTOBER 9, 2024

On November 3, IP.com will unveil an exciting new chapter for the Prior Art Database. As part of our commitment to enhancing prior art and non-patent literature research, the platform will undergo a major transformation and rebranding.

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Art Inventor Publishing IP 64

Likelihood of Confusion

OCTOBER 8, 2024

Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use? appeared first on LIKELIHOOD OF CONFUSION™.

Art 52

Art Trademark Advertising Advertising 52

The Illusion of More

DECEMBER 23, 2022

The post Art is Human appeared first on The Illusion of More. The description on his website begins. Wild Place is the English translation of Wiltwyck, the original name given to Kingston, New York, in 1661 by Peter Stuyvesant and […].

Art 120

Art 120

Intellectual Property Law Blog

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § Teleflex Innovations S.A.R.L. , The Board concluded that Medtronic failed to demonstrate that the challenged claims were unpatentable.

Art 147

Art Inventor Invention Patent 147

Hugh Stephens Blog

DECEMBER 12, 2022

The hi-tech whiz kids actually began to believe in their own infallibility and in … Continue reading "AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight"

Art 246

Art 246

JD Supra Law

APRIL 7, 2023

Artificial Intelligence (AI) has become increasingly prevalent in the world of art, leading to new forms of creative expression that challenge our conventional notions on what constitutes art. AI-generated art is created using algorithms and machine learning, which allow computers to learn from and mimic human behavior.

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Art Copyright 98

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art.

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Art Invention Patent Application Publishing 111

Intellectual Property Law Blog

FEBRUARY 26, 2024

8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. Additional issues include whether prior art discloses certain claim limitations. Provisur Techs., Weber appealed.

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Confidentiality Art Ownership Patent 130

IP Law 360

OCTOBER 3, 2024

The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

Art 52

Art 52

IP Law 360

OCTOBER 8, 2024

The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne (..)

Art 52

Art Ownership Patent 52

The Illusion of More

JANUARY 10, 2023

The post AI “Art” is Boring appeared first on The Illusion of More. Adam was bored alone; then Adam and Eve were bored together; then Adam and Eve and Cain and Abel were bored en famille; then the population of the world increased, and the peoples were bored en masse. This […].

Art 112

Art 112

IP Law 360

OCTOBER 8, 2024

Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.

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Art Contracts 52

IP Watchdog

MARCH 13, 2024

8,671,132 was unpatentable as obvious over combinations of three prior art references: “Gelb”, “Tivoli”, and “Callaghan.” Daedalus in part argued on appeal that the Board incorrectly found that Gelb is analogous art because Gelb “is not reasonably pertinent to the problems identified in the ’132 patent.” The PTAB held that U.S.

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Art Patent Litigation Intellectual Property 96

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

The Illusion of More

OCTOBER 26, 2023

While people may continue to debate whether robots dream of electric sheep, let us please stop entertaining the notion that AIs “learn from artistic works the same way human artists learn” to make art.

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Art Artistic Work 92

IP Law 360

OCTOBER 10, 2024

A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.

Patent Application 52

Patent Application Art Patent Publishing 52

IP Law 360

JULY 31, 2024

Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art. Technology companies, drugmakers and various industry organizations have represented to the U.S.

Art 98

Art Technology Trademark Patent 98

Copyright Alliance

JULY 30, 2024

Today, we turn the spotlight over to one of our community and VLA partners, Maryland Volunteer Lawyers for the Arts. What is the […] The post Community Partner Spotlight: Maryland Volunteer Lawyers for the Arts (MdVLA) appeared first on Copyright Alliance.

Art 71

Art Blogging Copyright 71

JD Supra Law

MAY 3, 2024

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures. By: Jones Day

Art 110

Art 110

IP Law 360

APRIL 11, 2024

Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. An artificial intelligence inventor has bashed the U.S. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.

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Inventor Art Copyright Registration 98

IPilogue

NOVEMBER 2, 2022

A high-tech solarpunk utopia in the Amazon rainforest, a Pikachu fine dining with a view to the Eiffel Tower, a mecha robot in a favela in expressionist style – if you are struggling to visualize any of these descriptions, an AI art generator could most likely help you out. Understanding “Open-source” AI-Generated Art.

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Art Artwork Privacy Blogging 105

The IP Law Blog

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.

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Art Copyright Copyright Law Registration 97

Copyright Alliance

MARCH 28, 2024

Today, we turn the spotlight over to one of our community partners, Asian American Arts Alliance (A4). They are a nonprofit “dedicated to strengthening Asian American artists and cultural groups through resource […] The post Community Partner Spotlight: Asian American Arts Alliance (A4) appeared first on Copyright Alliance.

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Art Copyright 68

IPilogue

SEPTEMBER 16, 2022

On July 18 th , 2022, the world’s second-largest art auction house, Christie’s, announced the establishment of Christie’s Ventures , an investment fund that will support emerging tech companies whose products could have an impact on the art market. The auction house was one of the first art institutions to arrange NFT sales.

Art 105

Art Non-Fungible Tokens Technology Journalism 105

Dear Rich IP Blog

DECEMBER 9, 2023

Dear Rich: I am writing a martial arts mobile phone app. The app includes text describing the martial arts movements and choreography illustrating the moves. The martial arts forms have been relatively unchanged since the 1970’s. Is this accurate? Limited ways to express yourself.

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Art Public Domain Copyright Publishing 59

Patent Trademark Blog

AUGUST 14, 2024

Can you submit prior art after paying the issue fee? Yes, you can submit prior art after paying the issue fee by filing a Quick Path IDS. A QPIDS enables you to submit additional prior art references for consideration by the examiner. The new prior art will now be made of record which reduces the risk of invalidity challenges.

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Art Government Blogging Patent 52

Copyright Lately

OCTOBER 6, 2024

In the meantime, here’s a copy of the Stereophonic complaint, just to ensure you don’t stop thinking about this lawsuit: View Fullscreen The post Fleetwood Facts: Art Imitates Life, But Does It Infringe Copyright? appeared first on Copyright Lately.

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Art Copyright Copying Copyright Law 118

Patently-O

AUGUST 17, 2021

The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.

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Art Litigation Publishing Inventor 124

IP Law 360

AUGUST 21, 2024

The Eleventh Circuit affirmed an Italian artist's win over a pro-se copyright lawsuit from California-based artist Joe Morford concerning art pieces the two made that both incorporate duct-taped fruits, holding they were not "strikingly similar."

Art 59

Art Copyright 59

Art Law Journal

SEPTEMBER 15, 2023

Lauren Grace delves into the complexities of surrealism, revealing art that resonates universally through unconscious desires and symbolism. Taylor Curry explores the storytelling power of light, from dawn landscapes to quantum physics.

Art 76

Art 76

Art Law Journal

JULY 18, 2023

Dive into the fascinating intersection of art and cinema. This article explores how five visually stunning movies - "The Exorcist," "Inception," "There Will Be Blood," "Melancholia," and "Days of Heaven" - draw their visual inspiration from masterpieces of fine art.

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Art Cinema 81

Nelligan Law

OCTOBER 27, 2023

Renowned for its bewitching tales and thriving arts scene, Salem is a perfect destination for a getaway. Salem is a living testament to the art of honoring the past while painting the future with boundless creativity. The post Salem’s Spellbinding Fusion: Art, History, and Intellectual Property appeared first on Nelligan Law.

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Intellectual Property Art IP Copyright Law 105