U.S. Department of Commerce

OCTOBER 7, 2021

Manufacturers Like Custom Contract Furnishings in High Point, North Carolina. Photo of a Custom Contract Furnishings (CCF) worker making upholstered seating for the hospitality, health care and senior living industries. . Custom Contract Furnishings (CCF) is one of the many furniture manufacturers located near High Point.

Contracts 98

Contracts Registration Designs Design 98

JD Supra Law

SEPTEMBER 14, 2021

On August 2, 2021, in Omni MedSci, Inc. Apple Inc., 20-1715, slip op. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing.

Contracts 95

Contracts Invention Patent Infringement Patent 95

JD Supra Law

FEBRUARY 19, 2024

Universities often out-license patents protecting inventions created using federal funding to private companies including many startups. universities and academic institutions rely heavily on federal grants to fund their research and generate innovations in life sciences. By: Goodwin

Contracts 65

Contracts Invention Licensing Patent 65

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

JD Supra Law

JUNE 28, 2022

In particular, a letter was sent that included pricing information, payment terms, shipping conditions and bulk pricing options, which the court held are typical of commercial contracts. By: Manatt, Phelps & Phillips, LLP

Invention 98

Invention Design Patent Contracts Patent Application 98

JD Supra Law

AUGUST 25, 2023

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? It is common practice to include, in an employee handbook, a policy requiring transfer of any future inventions. Typically, the employee is required to review and sign the handbook, but ordinarily this does not create a contract.

Invention 97

Invention Contracts Patent 97

Patently-O

MAY 26, 2024

The disclosure requirement is triggered when a “claimed invention” is “based on” the GR or TK. ” In this final version, the disclosure requirement was significantly weakened — an earlier draft would have required disclosure if the GR/TK was “material to development of the claimed invention.”

Intellectual Property 64

Intellectual Property Invention Contracts Patent Application 64

Patently-O

MAY 22, 2024

The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. By an apparent magical operation the language causes title to transfer immediately at the moment of invention. Dr. Core conceived of the invention while pursuing a Ph.D. Nokia Corp. ,

Ownership 40

Ownership Patent Invention Contracts 40

IP Watchdog

APRIL 18, 2023

That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S. patented invention. The event was prompted in part by a recent U.S. s COVID-19 vaccine.

Patent Infringement 128

Patent Infringement IP Government Patent 128

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

IP Law 360

NOVEMBER 29, 2022

Merck Sharp took Johns Hopkins University to federal court in Maryland on Tuesday over claims that the university secretly obtained patents for inventions based on a collaborative clinical study treating cancer patients with Merck Sharp's Keytruda drug and funding, and then licensing the patents to others in violation of their contract.

Contracts 98

Contracts Invention Licensing Patent 98

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

FEBRUARY 28, 2024

§200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. The invention of the patent at issue in the case ( U.S.

Licensing 52

Licensing Invention Government Inventor 52

LexBlog IP

MAY 16, 2023

Parties entering into patent transactions involving existing (or potential future) EPs should consider the impact of the UPS on their contracts and licences. In some cases, time may be of the essence in implementing the desired actions, so ensure the contract reinforces this through tight deadlines and timing covenants.

Contracts 52

Contracts Patent Designs Design 52

SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions. Who owns IP resulting from these agreements?

Government 98

Government Invention Contracts Intellectual Property 98

JD Supra Law

AUGUST 30, 2021

Is your employee handbook sufficient to automatically capture patent rights in your employee’s inventions? It is common practice to include a transfer of any future inventions in an employee handbook. Typically, the employee is required to review and sign the handbook and, as a result, a binding contract is created.

Inventor 115

Inventor Invention Contracts Patent 115

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Commenters provided a variety of views regarding how current patent laws and requirements apply to inventions related to NFTs and blockchain technology.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

APRIL 10, 2024

Dr. Robinson, a neurosurgeon, invented a type of spinal implant. In 2009, Dr. Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. In September 2020, the Robinson sued FisherBroyles for malpractice and breach of contract.

Contracts 75

Contracts Law Inventor Patent Application 75

The IPKat

JULY 11, 2022

The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI inventors unfairly. The patent applications purportedly relate to the inventions of an AI ("DABUS").

Patent Law 145

Patent Law Publishing Inventor Law 145

IP Watchdog

MARCH 8, 2023

That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S. patented invention. Goldberg of the District of Delaware received several filings related to the impact of the U.S.

Patent Infringement 105

Patent Infringement Government Patent Contracts 105

LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

The IPKat

AUGUST 31, 2022

by Marianna Ryan Decentralised Autonomous Organisations (DAOs) are a new type of quasi-corporate entities, existing with the use of blockchain and smart contracts. The use of blockchain and smart contracts in the creation of DAOs has its pros and cons. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?

Ownership 134

Ownership IP Contracts Inventor 134

The IPKat

AUGUST 16, 2023

Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. In light of the EPO's novelty, inventive step, and sufficiency objections, however, she wondered if the "inventing AI" has actually invented something patentable.

Invention 52

Invention Inventor Branding Brands 52

Technology & Marketing Law Blog

AUGUST 24, 2023

Now, the primary vehicle to stop web scraping is with breach of contract claims. Now, in its case against Bright Data, Twitter’s lawyers filed three claims: breach of contract, tortious interference with a contract, and unjust enrichment. In the end, it was a pyrrhic victory. They don’t need or seek alternative legal theories.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

The IPKat

FEBRUARY 13, 2024

The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). The impact of G 2/21 on inventive step and free evaluation of evidence (E-IV-4.1, Is the Broad CRISPR appeal coming back from the dead?

Invention 70

Invention Art Inventor Designs 70

Patently-O

MAY 2, 2022

The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. 126 (1877) (delay excused by “bona fide effort to bring his invention to perfection, or to ascertain whether it will answer the purpose intended”). ” Pfaff v. Wells Elecs., 55 (1998).

Invention 83

Invention Contracts Licensing Inventor 83

Above the Fold

SEPTEMBER 29, 2023

First and foremost, companies should not rely upon a general duty of confidentiality and should instead require employees to sign acknowledgements, policies, and/or contracts requiring confidentiality both during and after employment. This protects companies with intellectual property and ensures that all inventions become theirs immediately.

Confidentiality 52

Confidentiality Intellectual Property IP Invention 52

LexBlog IP

SEPTEMBER 29, 2023

First and foremost, companies should not rely upon a general duty of confidentiality and should instead require employees to sign acknowledgements, policies, and/or contracts requiring confidentiality both during and after employment. This protects companies with intellectual property and ensures that all inventions become theirs immediately.

Confidentiality 52

Confidentiality Intellectual Property IP Invention 52

IPilogue

JULY 29, 2022

While artists may inherently feel like they are “held hostage” by their record labels, it all comes down to the contract terms that both the artist and record label agreed upon. Common contract terms found in recording agreements include rights granted, producer royalties, and promotions.

Music 119

Music Marketing Marketing Ownership 119

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. This is different from a patent, which helps to protect inventions (like creating a new tool). Was the invention created within the scope of that employment? Why is IP important? So, why does any of this matter?

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

Patently-O

JULY 22, 2022

However, the pair had not fully exited from their Sleep Number contract. ” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. .” ” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. Young , 33 F.4th

Patent Prosecution 80

Patent Prosecution Patent Invention Patent Application 80

Patently-O

FEBRUARY 10, 2022

Here is the timeline: 1998 : Junker entered into an NDA with Eddings and disclosed the invention in some general form. Later Junker sued MedComp for infringement, and the question here is whether the January 1999 letter from Eddings constituted an offer to sell the invention that triggered the on sale bar of 35 U.S.C.

Business 78

Business Patent Invention Design Patent 78

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it states that the invention rights “shall be the property” of the employer, it does not include any language spelling out an automatic assignment of rights. ” Brian Barnett.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

U.S. Department of Commerce

APRIL 25, 2023

To kick things off, on April 25, we will hold a professional development webinar about the importance of World IP Day; how to bring engaging invention education to students, educators, and parents; and how to make IP and the innovation ecosystem more accessible to all. I look forward to being part of that programming as well.

Intellectual Property 107

Intellectual Property Trademark IP Social Media 107

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67