IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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Patently-O

FEBRUARY 12, 2024

” A human who provides a significant contribution may be the sole inventor and original owner, even in situations where the AI provided the greater contribution. No AI Inventors Allowed First, the notice recognizes and follows existing case law that only natural persons can be listed as inventors on U.S. Vidal , 43 F.4th

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IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Any product, design, or process that does something using a novel methodology or solves an existing technical problem is an invention. Sense of ownership. Benefits of patent. Exclusive rights.

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Patently-O

DECEMBER 21, 2022

Under this old law, an accused infringer was able to assert a defense of invalidity if the issued patent fails to name the correct inventors. The patents list two inventors, Richard Darr and Edward Morgan. But, on summary judgment the district court concluded they should have listed a third inventor, Alessandro Falzoni.

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Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created. Thaler expressly disclaimed any human input into DABUS’s inventions, but going forward mixed human-AI inventor teams seem inevitable. Vidal , 43 F.4th

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IPilogue

JUNE 23, 2022

Retired Nicklaus now heads his golf course design and construction company, Nicklaus Designs. The IP rights and activities related to both Nicklaus as a person and his golf course design and construction activities made the deal worth more than $145 million.

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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. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

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LexBlog IP

MAY 2, 2023

Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. For instance, if enough other jurisdictions decide to allow patents with only AI listed as an inventor, Congress may not want the U.S. It is not impossible that Congress will act.

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Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. Then came the patenting. arising from his work on the endeavor.

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Larson & Larson

JULY 13, 2023

Patents give inventors exclusive rights over their inventions. A trademark is a word, phrase, symbol or design that identifies the source of a particular product or service. For example, Coca-Cola’s name and bottle design are protected trademarks. Patents protect functional products and processes. What is a Trademark?

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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.

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Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . Today’s law protects intellectual property to encourage creativity and the incentive to work for the public good by compensating the artist or inventor fairly. . .

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Sander Law

OCTOBER 5, 2020

Patents, Trademarks, Designs, Copyright) to another person or company through an IP Assignment. from a sole proprietor to a corporation) or changes its name , you should use an IP Assignment to formally transfer the ownership of the IP from the old company name to the new one. Employees & IP Ownership. Chain of Title.

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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 Guidance addresses the scenario where an AI tool answers a question posed by a human.

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Patently-O

JANUARY 19, 2024

While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. 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.

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The IPKat

FEBRUARY 16, 2024

For example, under ‘eliminating hunger’ the class would explore patented seeds, and medical drugs as part of the ‘good healthcare’ task, all of which get the students to think about power imbalance, private and public funding, and questions of where ownership of key commodities should lie.

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Patently-O

AUGUST 28, 2023

patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Obviousness-type double patenting (ODP) is a judicially created doctrine that prevents an inventor from obtaining a second patent for claims that are not patentably distinct from claims in a first patent.

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Intepat

APRIL 4, 2022

’ moment, inventors tend to get excited about sharing it with the world. Sometimes, there are chances for people in the same field to figure out how to design or implement it based on your idea. Some inventors diligently opt for signing a Non-disclosure agreement (NDA) with the investors before proceeding with discussion.

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The IPKat

FEBRUARY 17, 2022

Secondly, the doctrine is about ownership, not existence of a valid copyright. In any case, the above does not mean that there are no situations in which also works created by non-human authors can qualify for protection, a notable (and controversial) example being section 9(3) of the UK Copyright, Designs and Patents Act.

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IPilogue

MAY 18, 2022

The legal debate of who or what gets to be an author ( or an inventor ) will continue. For now, at least in Canada, ownership will be assigned to the person who arranged to create the work and not the AI that created the work itself. Countless more AI creations may be underway. . The Legal Conundrum. an author’s employer or publisher).

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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. What is AI image generation software?

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LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8].

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IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

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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.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

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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.

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Patent Law Patent Law Invention 110

LexBlog IP

APRIL 28, 2023

In 2022, the Federal Circuit ruled that computer programs cannot qualify as inventors under the US Patent Act. But neither of these cases deals with the scenario where the AI is a co-inventor or, like this article, a co-author with a human. This can help avoid any disputes over copyright ownership down the line. Vidal , 43 F.4th

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Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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LexBlog IP

FEBRUARY 7, 2024

13] Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49. [14] 4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5] 1 November 2023), [link]. [11]

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Intepat

JANUARY 24, 2024

*Written by Uttara Nair INTRODUCTION The administration and assignment of intellectual property rights, encompassing patents, copyrights, trademarks, designs, geographical indications, and proprietary knowledge, are critical for all business entities, particularly those in the technology sector.

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Kashishipr

DECEMBER 8, 2021

Also, there arise questions of obviousness and ownership rights. Even if the organism is made by isolation involving human intervention, ownership could still violate nature. Similarly, where a human gene is separated for treatment of an ailment, it is erroneous to claim ownership. ’ Conclusion.

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Patently-O

DECEMBER 13, 2023

Obviousness-type double patenting is a judge-made doctrine designed to prevent applicants from extending patent rights first obtaining an earlier-expiring patent and then obtaining a later-expiring patent with claims that are obvious variants of those in the earlier patent. Opinion by Judge Clevenger, joined by Judges Taranto and Stoll.

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Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The Facts : On February 7, 2000 , the inventor’s company (MCE) offered to sell and install a butane-blending system to Equilon. by Dennis Crouch. Venture (Fed. ” Pfaff v.

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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. With new advancements in technology, new challenges come forward. Patent Infringement. Conclusion and Suggestions.

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