Patently-O

FEBRUARY 12, 2024

But, the USPTO’s approach is not fully grounded in the law because it allows for patenting of an invention in a situation where no human or combination of humans fully conceived of and originated the invention. patents and patent applications. This principle was established in Thaler v. Vidal , 43 F.4th

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LexBlog IP

MAY 2, 2023

Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur. under the Patent Act. Stephen Thaler also has related pending patent applications in multiple other jurisdictions.

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IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. underlining added).

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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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The IPKat

NOVEMBER 4, 2021

Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. He defines primary IP rights as those that have been part of law for more than 50 years.

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LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. ” (underlining added).

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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. 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.

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IPilogue

JULY 7, 2021

Claire La Mantia is a Guest Writer and a 2L JD Candidate at Osgoode Hall Law School. The Patent Act contains no express provisions pertaining to the ownership of inventions produced by an employee during the course of their employment. Photo Credits: Sebastian Herrmann ( Unsplash). Private Sector Employees.

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The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law.

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Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

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LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Non-disclosure Agreements (NDAs) for Ownership. Patent Protection for Functionality. Jump To: Trademark Protection for Branding.

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Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

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Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. The parties must clearly agree to the law and form of dispute resolution to be employed in case of conflict. The ownership is not transferred.

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Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. 102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. SACMI then proposed the design to various US parties, including Plastipak.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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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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SpicyIP

NOVEMBER 7, 2022

Announcing Winners of 3 rd Shamnad Basheer Essay Competition on IP Law. We announced the results for 3rd Shamnad Basheer Essay Competition on IP Law. Pravertna Sulakshya, Rajiv Gandhi National University of Law, Punjab bagged the first position for their essay titled, “An IPR-Kajal for Dupes’ Evil Eye? Highlights of the Week .

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Patently-O

AUGUST 28, 2023

I expect the doctrine would have never developed under our current patent term calculation and is instead a vestige of history. patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Millions of U.S. The Board affirmed the unpatentability findings.

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Patent Trademark Blog

MARCH 18, 2022

Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Keep in mind that patents must be registered in order to be protectable.

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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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IIPRD

AUGUST 31, 2022

Joint ownership of Intellectual property. Joint ownership by the company and the customer/consultant/contractor involved, joint ownership has the potential to create business and enforcement challenges. Every now and again, significant IP gets left out of a sale by accident or design. Pitfalls to Check. Missing IP.

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Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., This scheme, however, merely aids the applicants to garner protection for their IPRs and does not in any way transfer ownership of the same to either the facilitators or the government. to safeguard their intellectual property.

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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. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Utility and Design Patents.

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SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Intellectual Property Law Blog

MARCH 3, 2021

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. The second type, applications of blockchain, are often found to be directed to an abstract idea.

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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. 7] Way ahead?

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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. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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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. Application of the on sale bar is a question of law as is the underlying issue of whether the experimental use exception applies. by Dennis Crouch. Venture (Fed.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

6 The potential impact of solid-state batteries on the EV industry in particular is huge, as they hold significantly more energy and charge in less time than traditional lithium-ion batteries, thereby eliminating one of the perceived drawbacks of EV ownership. higher energy density), and more durable than lithium-ion batteries.

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IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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LexBlog IP

MARCH 25, 2022

Stakeholders of a Patent: A patent has several stakeholders, who are impacted in different ways by the existence of a patent. The most direct stakeholders are the inventors who conceptualized the invention that is now patented. The inventor’s rights to the patent vary depending on ownership, further explained below.

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LexBlog IP

JANUARY 17, 2023

Congress is using the UAIA to reduce barriers to patent system entry, such as the costs associated with filing and prosecuting patent applications as well as maintaining patents. Effective December 29, 2022, discounts related to patent costs for small and micro entities increased. As set out in 37 CFR 1.27

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43(B)log

AUGUST 3, 2023

How do other areas of law treat relevance of death? Consumer protection: laws meant to protect consumers, death doesn’t matter—Princess Diana’s image on collectible plates—TM claim was maintainable. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent. Body parts.

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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. ” OpenAI, ChatGPT General FAQ.

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43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. TM law should facilitate disclosure or it will fall behind market. Q: endgame?

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. billion) as this is the reason for its global importance.

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