IP Intelligence

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 The Office has answered that question with a resounding “maybe.”

Ownership 98

Ownership Copyright Public Domain Registration 98

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

Patent Law 110

Patent Law Patent Law Invention 110

Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). This case establishes binding precedent that a terminal disclaimer cuts off any extended patent term granted through PTA. Thus, PTE extends beyond a disclaimed term, while PTA does not.

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Patent Invention Ownership Inventor 52

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?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

43(B)log

AUGUST 11, 2022

Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. A: family supplies raw material for work of art. Recent patent case: patents must come from humans. Now AI is finally likable and tech people are making lots of AI art.

Ownership 80

Ownership Moral Rights Copyright Branding 80

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 ” Alfred Bell & Co. 2d 99, 105 (2d Cir.

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Ownership Copyright Registration Public Domain 64

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

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Inventor Invention Patent Ownership 140

Patently-O

DECEMBER 13, 2023

by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections.

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Patent Patent Application Art Ownership 52

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical.

Litigation 137

Litigation Patent Technology Ownership 137

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. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

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. John DeStefano.

Intellectual Property 52

Intellectual Property Patent Patent Prosecution Art 52

JD Supra Law

DECEMBER 16, 2021

US trademarks are protected through registration with the United States Patent and Trademark Office. A registered trademark gives you legal presumption of ownership and exclusive right of use. Trademarks left unregistered are more vulnerable and have minimal legal protection. Watch the webinar to learn what you have to.

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Trademark Art Registering Trademarks Ownership 52

Intellectual Property Law Blog

DECEMBER 14, 2023

Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,827,549 (the “’549 patent”) and its parent, U.S.

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Invention Patent Prosecution Ownership Inventor 130

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. The underlying work itself is largely protected under the First Amendment as expressive art.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.”

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Art Copyright Registration Artwork 66

Patently-O

JULY 22, 2022

” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period. Young , 532 F. 3d 793, 798 (D. The court considered the balance-of-harms.

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Patent Prosecution Patent Invention Patent Application 79

43(B)log

AUGUST 3, 2023

But defendants’ experts are doing something completely different—identifying prior art, which cuts off the need to identify whether there was copying. Garcia: most D expert reports don’t opine on whether there was copying, just on existence of prior art. Gov’t is interested in improving licensing, but focused on TM and patent.

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Music Art Copying Licensing 52

Patently-O

MAY 28, 2024

The court found that a mere minority ownership interest in a company that owns a trademark does not equate to a direct commercial interest in the mark itself. As a sideline bit of the case, the court also considered whether it held Art III standing to hear the appeal — answering in the affirmative.

Trademark 85

Trademark Ownership Registration Branding 85

IPilogue

JULY 7, 2021

Although different types of intellectual property protections may apply, including copyright , patents, industrial designs, trademarks, and trade secrets, this article will focus on private and public sector employees’ patent rights to inventions produced during the course of their employment. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

The IP Law Blog

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). The ‘498 Patent was issued from this application in 2018.

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Inventor Invention Art Patent 110

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 4th 1207 (Fed.

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Invention Intellectual Property Registration Copyright 126

The IPKat

AUGUST 11, 2023

In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. The process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 52

The IPKat

MAY 3, 2023

This is considered in relation to the German Patent Court’s approach and the one used by the General Court. Trade marks Eleonora Rosati considered the question whether EU law governs joint ownership of IP rights, including the exercise thereof by each and individual joint owner.

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Ownership Designs Design Reporting 67

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity. Firstly, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

IP Tech Blog

JANUARY 4, 2023

It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs. As it may be inferred from the Chinese name “Digital Collection” (数字藏品, the “DC”), most NFTs in China assume the form of works of art, photographic works, etc.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

MARCH 13, 2024

For example, art. This obligation is extended to the exceptions introduced by the CDSM Directive by virtue of art. Another mechanism to ensure the proper exercise of user rights is contained in art. This obligation is extended to the exceptions introduced by the CDSM Directive by virtue of art.

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Copyright Art Licensing Contracts 121

Patently-O

MAY 9, 2024

by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. 102 or 103). 102 or 103).

Patent Application 84

Patent Application Invention Patent Government 84

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

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Patent Prosecution Invention Inventor Patent 75

The IP Law Blog

MARCH 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. In IPRs and PGRs, anyone except the patent owner may file a petition to challenge the patent.

Patent 52

Patent Litigation Art Ownership 52

Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

Inventor 68

Inventor Ownership Contracts Intellectual Property 68

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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

Invention 122

Invention Inventor IP Ownership 122

Patently-O

MAY 4, 2023

For the article, I used an AI tool to create some art for my publication. Although I didn’t contribute any of the expression seen in the work, after these actions and then publishing it, I actually feel some gut level of ownership. The image above shows the resulting four images. I then did a cut and paste before publishing.

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Copyright Ownership Publishing Art 68

The IPKat

JANUARY 28, 2023

For example, the UK passed the Trading with the Enemy Act in 1914, which effectively suspended German-owned patent and trade marks. The Treaty of Versailles meant to restore pre-war IP ownership to Germany by two principal means. Second, arts. Second, arts. First, under art.

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Art IP Intellectual Property Artistic Work 130

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. Every claim of a patent must have a human inventor.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Can you use it in the ways you want to?

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Designs Design Trademark Copyright 52

The IPKat

NOVEMBER 4, 2022

Ramalho’s structure is simple and clear, two main parts, in two chapters – the first covering AI and copyright, and the second AI and patents – with one agenda, are AI-generated creations protectable? She then analyses relevant parts of copyright and patent protection for AI-generated content under European, US, Australian and Japanese law.

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Intellectual Property Moral Rights Invention Copyright 93