IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo. What are non-fungible tokens?

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

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. Catalda Fine Arts , 191 F.2d ’” Aalmuhammed , at 1234. 2d 99, 105 (2d Cir.

Ownership 64

Ownership Copyright Registration Public Domain 64

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

Inventor 140

Inventor Invention Patent Ownership 140

Intellectual Property Law Blog

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 130

Invention Patent Prosecution Ownership Inventor 130

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Thaler attempted to register a copyright for a computer-created work of art. Vidal , 43 F.4th

Invention 126

Invention Intellectual Property Registration Copyright 126

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”).

Inventor 110

Inventor Invention Art Patent 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?

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Invention Inventor IP Ownership 122

Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Supporters argued the bill was necessary to prevent patent suppression and ensure access to inventions.

Patent Law 110

Patent Law Patent Law Invention 110

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

Inventor 119

Inventor Invention Patent Application Designs 119

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

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

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. Visual art is made by harnessing and curating forces outside our control. What is to Come for AI Art?

Artwork 96

Artwork Blogging Art Copyright 96

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

LexBlog IP

DECEMBER 26, 2023

You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs 52

Designs Design Trademark Copyright 52

Larson & Larson

JANUARY 10, 2021

Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system. Enablement.

Patent Application 52

Patent Application Invention Art Ownership 52

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

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?

Invention 110

Invention Inventor Patent Law 110

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. Iolab Corp.

Inventor 52

Inventor Invention Art Patent 52

Patently-O

MAY 9, 2024

Under the proposed rule, a terminal disclaimer must include an agreement that the patent will be unenforceable if it is tied directly or indirectly to another patent that has any claim invalidated or canceled based on prior art (anticipation or obviousness under 35 U.S.C. 102 or 103).

Patent Application 84

Patent Application Invention Patent Government 84

LexBlog IP

JUNE 3, 2022

CIPs are more difficult abroad because the parent applications of a CIP will be used as prior art against the CIP in those instances. Thus, the newly added subject matter of the CIP must independently be patentable (inventive and non-obvious) over the base subject matter that it shares with the parent application.

Intellectual Property 52

Intellectual Property Patent Patent Prosecution Art 52

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.,

Inventor 71

Inventor Invention Art Ownership 71

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.

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Inventor Ownership Invention Patent 74

IP Intelligence

MAY 9, 2023

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. In HIP, Inc. at 10) (emphasis added). at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 52

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.” Section 102 of the Patent Act defines prior art, and includes an important exception that is incredibly relevant to the OTDP situation.

Patent 52

Patent Patent Application Art Ownership 52

Patently-O

JULY 22, 2022

In particular, the agreement required disclosure and assignment of “any ideas, conceptions, inventions, or plans relating to sleep, mattresses, bedding, sleep monitoring, health or wellness as it relates to sleep (including biometric monitoring relating to sleep), or bedroom or sleep technologies.” Young , 33 F.4th May 11, 2022).

Patent Prosecution 79

Patent Prosecution Patent Invention Patent Application 79

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. The right to file a subsequent application is presumed to vest in the earlier applicant unless there is a written transfer of ownership.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

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.

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Inventor Ownership Contracts Intellectual Property 68

Velocity of Content

AUGUST 8, 2022

From the invention of the player piano to the creation of the smartphone, copyright and technology have played a seemingly endless game of capture-the-flag. It collects rights ownership information from music publishers and songwriters [and] it collects the streaming data from the services providers.

Technology 52

Technology Copyright Music Ownership 52

LexBlog IP

MAY 9, 2023

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. In HIP, Inc. at 10) (emphasis added). at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 52

IPilogue

NOVEMBER 1, 2021

They identify some of the assumptions made by the Federal Court of Australia regarding the technical capabilities of AI systems and question the potential consequences of attributing ownership rights to non-human entities in the absence of a more comprehensive analysis. Third, nothing in the Act dictates the contrary conclusion.”.

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Inventor Patent Invention Intellectual Property 111

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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).

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Inventor Invention Designs Design 74

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

LexBlog IP

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 52

Invention Patent Prosecution Ownership Inventor 52

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

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

SpicyIP

SEPTEMBER 5, 2022

However, patent ownership controversy with the NIH is a separate story ( here and here ). However, as is evident, ownership over this technology and its component parts is extremely fuzzy. When ownership is itself in dispute, the process of obtaining a license from either entity becomes a risky and expensive exercise.

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Litigation Patent Technology Ownership 137