Patently-O

JULY 11, 2022

In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? A key to the analysis was a finding that the error would have been apparent to someone of skill in the art. You can compare the prior art linear objective lens results (Fig.

Art 138

Art Patent Invention Copying 138

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 Designs Design 162

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.

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Art Inventor Invention Patent 147

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

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 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.

Art 98

Art Patent Litigation Intellectual Property 98

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

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 118

Art 118

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

Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

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Art Invention Copying Designs 130

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.

Art 98

Art Copyright 98

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 69

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. Several bacteria, such as Pseudomonas sp.

Art 52

Art Patent Public Domain Invention 52

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 91

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 […].

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Art 110

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.

Art 59

Art Public Domain Copyright Publishing 59

Patently-O

APRIL 20, 2024

The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?

Design Patent 67

Design Patent Art Designs Design 67

IIPRD

APRIL 8, 2024

Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. AI is becoming more and more advanced by the day resulting in creation of such art without any sort of skills or human intervention required. [3]

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. Thus, as noted elsewhere , the test for finding copyright subsistence starts with the degree of creative freedom exercised by the author in light of the relevant prior art.

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Copyright Law Art Designs Design 78

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 106

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

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

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

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.

Art 81

Art Cinema 81

LexBlog IP

JULY 12, 2023

Perhaps you remember in 2019 when three Art Basel afficionados purchased a banana duct-taped to a wall for $120,000? Morford argued he had already taped a banana to a wall in his piece Banana and Orange 18 years before Cattelan displayed his banana-on-a-wall piece, Comedian , at Art Basel. Visual and conceptual artist Joe Morford does.

Art 52

Art Copyright Infringement Copyright Intellectual Property 52

JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

Design Patent 69

Design Patent Patent Infringement Art Designs 69

Art Law Journal

AUGUST 9, 2023

Curator Kate Kelly explores the impact of stripes in art, from grounding compositions to creating movement. Dive into the world of meaningful foods in a separate Open Call, celebrating the emotional and symbolic power of edibles.

Art 52

Art 52

Art Law Journal

SEPTEMBER 21, 2023

There’s a lot of talk about the importance of art in visual branding, but did you know that it can also be leveraged to help others? Both within the office and in the larger community, art is a proven force for good - and growth.

Art 83

Art Branding Brands Branding 83

IPilogue

FEBRUARY 6, 2023

More recently, we have seen digital art open doors for artists to experiment with conceptual artwork like never before. As well as encouraging the collection of natively digital art , NFTs are a way for artists to financially benefit from works traditionally non-commodifiable (ex. This article was written as a requirement for Prof.

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Art Artwork Contracts Advertising 106

Olartemoure Blog

APRIL 12, 2024

It’s impossible to think about a kiss, without thinking about “The Kiss”, Gustav Klimt’s art piece. Supreme Court , and gained international attention for its implications on art restitution and intellectual property rights. This masterpiece, with its beautiful gold leaf patterns and tender embrace, immortalized passion on canvas.

Art 59

Art Intellectual Property Artwork IP 59

The IPKat

AUGUST 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.

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Art Copyright Editing Publishing 98

Art Law Journal

SEPTEMBER 13, 2023

Discover the transformative journey of hosting a virtual art exhibition. This piece offers artists a roadmap to not only showcase their creations in a compelling light but also to engage and build a loyal audience through innovative promotional strategies and post-exhibition engagement techniques.

Art 86

Art Branding Brands Branding 86

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 123

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 93

JD Supra Law

SEPTEMBER 26, 2023

IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution. In Sandoz Inc. Acerta Pharma B.V.

Art 67

Art Patent 67

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor. It is safe to assume that both artists were inspired by Egyptian art and its pharaonic heritage as found on the walls of many ancient tombs and temples.

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Art Plagiarism Artwork Graphic Design 56