LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.” Merkin , 791 F.3d

Ownership 64

Ownership Copyright Registration Public Domain 64

Patently-O

MAY 15, 2024

Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. Interestingly, although clearly specially designed for use on Dick’s rotary mimeograph, Henry’s ink can itself bore a notice stating it was not to be used on A.B.

Patent Law 110

Patent Law Patent Law Invention 110

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. Recommendations vis-à-vis Inventorship and Ownership. An important question that arises is can AI actually invent on its own?

Invention 122

Invention Inventor IP Ownership 122

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. For example, a copyright will help keep your ownership over artistic creations (like songs or videos). For example, a copyright will help keep your ownership over artistic creations (like songs or videos). Why is IP important?

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

Patently-O

DECEMBER 21, 2022

102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. The neck-portion is more costly and the inventions here generally allow for a reduced neck size while still including tamper-evident formations. The prior art being overcome is found in the middle (Fig 1).

Inventor 74

Inventor Invention Designs Design 74

Art Law Journal

JUNE 30, 2022

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. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Patently-O

DECEMBER 13, 2023

The decision cements that for OTDP analysis, any comparison of unexpected results or long-felt need must be made to the applicant’s own earlier patent claims, not the closest “prior art.” In addition, the doctrine is designed to protect potential defendants from unfairly facing multiple infringement lawsuits.

Patent 52

Patent Patent Application Art Ownership 52

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. ” U.S. 3d 659 (Fed.

Inventor 74

Inventor Ownership Invention Patent 74

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

Art Law Journal

JUNE 30, 2022

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. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Utility and Design Patents.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kashishipr

APRIL 13, 2022

Therefore, an NFT can refer to a digital art piece or can be linked to a physical product for proving the authenticity or ownership of the said product. For obtaining beyond doubt ownership of such a virtual product design, specifically in the legal environment, IP protection must be carefully considered and dealt with diligently.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Patently-O

AUGUST 18, 2023

Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.).

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

NOVEMBER 22, 2023

Trademarks are a type of intellectual property that is utilized to recognize, separate, and designate the source of a seller’s products and offerings from those of another. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. For an invention to be patentable, it must meet specific requirements regarding the subject matter, commercial use of the invention, and the invention’s novelty and nonobviousness.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

SpicyIP

NOVEMBER 7, 2022

1 filed an application seeking amendment to its written submission to withdraw admission regarding the Plaintiffs being the owner of the copyright in their subject work, and to dispute such ownership claimed by the Plaintiff. Avery Dennison Corporation vs Controller Of Patents And Designs on 4 November, 2022 (Delhi High Court).

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

Kashishipr

JUNE 23, 2021

Generally speaking, IP laws safeguard the right of the proprietor of the original work or invention, including literature, inventions, logos, designs, etc. The impact of big data on Patent Rights is such that the rate of growth of prior art and the access thereof will increase through the use of big data.

Intellectual Property 98

Intellectual Property Invention IP Copyright 98

Garrigues Blog

OCTOBER 26, 2022

District Court for the Southern District of New York for designing, minting and offering handbags inspired by Hermès’ famous Birkin handbag, under the name “MetaBirkins”. Given the speed with which Web3 technologies change and are re-invented, we cannot rule out new changes arising in the next few months. We will be watching carefully.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

IIPRD

OCTOBER 17, 2022

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. At some time the plaintiff realized that the avatar is Second Life was using SLART for his art gallery.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. independent invention). What if rules are largely written by the regulated parties?

IP 45

IP Invention Designs Design 45

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

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. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

Invention 52

Invention Inventor Patent Patent Application 52

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. emphasizing on person skilled in the art. Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

Patently-O

AUGUST 28, 2023

patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. 101, which provides that an inventor may obtain “a patent” (singular) for an invention. The obviousness question normally focuses on prior-art as required by Section 103. Millions of U.S.

Patent 52

Patent Invention Ownership Inventor 52

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. He also explains the history of why utility models never became an EU-wide right.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

LexBlog IP

JUNE 15, 2022

Art, said Stephen, is the human disposition of sensible or intelligible matter for an esthetic end.” The AI is not the maker of the Work but in some sense, the medium or tools of the art, no different than oil paints applied by the artist, brushes handled by the painter, or a camera pointed by the photographer. Snyder , 536 F.

Inventor 52

Inventor Copyright Art Intellectual Property 52

LexBlog IP

JULY 21, 2021

Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.” “ find out knowledge of witty inventions.”: ” (at page 9 and 13). .”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. Patents: Inventorship Can an AI, such as ChatGPT, invent?

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JUNE 20, 2023

In this regard, the PTO is further considering, for determining whether a party is under-resourced, whether it should consider: government funding; third-party litigation funding support; the resources of anyone with an ownership interest in the patent owner; anyone with a stake in the outcome of the proceeding.

Litigation 52

Litigation Ownership Patent Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

Settlement 52

Settlement Litigation Marketing Marketing 52

IIPRD

MAY 10, 2020

SIPP is envisaged to facilitate the protection of Patents , Trademarks , and Designs of innovative and interesting start-ups. For Patents, they provide pre-filing services, prior art search, patent filing support with provisional specification, and support for further proceedings and post-grant. [3]. Its salient features are.

Intellectual Property 40

Intellectual Property Patent Government Technology 40