Patently-O

MARCH 6, 2022

governmental (or agency of the government, such as the Navy). Government interest in the patent — typically based upon Gov’t funding of the R&D and the government interest is provided for under the Bayh-Dole Act. Gov't disclaims copyright protection the works of authorship created by the Government.

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Government Patent Invention Licensing 81

JD Supra Law

JANUARY 10, 2022

The US Court of Appeals for the Federal Circuit recently reversed an appeal of a decision granting summary judgment that an invention was reduced to practice during the term of a cooperative research and development agreement thereby granting the government a license to use the invention. By: Morgan Lewis

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Invention Licensing Government 101

IP Watchdog

AUGUST 28, 2023

This week in Washington IP news, as a new school year begins, the United States Patent and Trademark Office (USPTO) looks at the latest research on invention education. federal government can do to patent rights during a public health emergency.

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Intellectual Property Invention IP Government 98

Patently-O

MARCH 26, 2024

The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.

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Invention Art Patent Designs 59

IP Watchdog

AUGUST 9, 2021

As we move into an era of Artificial Intelligence (AI), quantum computing, and 5G telecommunications that supports Kurzweil’s vision, we must make sure that our laws and federal agencies match the pace of invention and protect innovators from trolls who would game the legal system and government functions for their ill-gained profit. .

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Government Invention Technology Law 145

JD Supra Law

APRIL 19, 2024

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA) proceedings. By: WilmerHale

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Government Invention Patent Trademark 59

SpicyIP

JANUARY 22, 2023

It is critic al for the government to be forward-thinking. The Biotechnology Industry Research Assistan ce Council, a government department, is reported to have provided INR 70 to 100 crores to Gennova Pharmaceuticals for its development of an mRNA vaccine for Covid. There is therefore a need to make the technology more accessible.

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Government Intellectual Property Ownership Technology 127

JD Supra Law

JULY 6, 2022

The UK Government on 28 June 2022 published its response to its Consultation on Artificial Intelligence (“AI”) and Intellectual Property (“IP”). By: Locke Lord LLP

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Intellectual Property Government Publishing Invention 98

LexBlog IP

AUGUST 29, 2023

If signed into law by Governor Hochul, the legislation would, effective immediately, add to New York labor law a new section 203-f that renders unenforceable provisions in employee agreements that require employees to assign certain inventions developed using the employee’s own property and time. Under S5640, as is the case with Cal.

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Invention Ownership Business Law 52

IP Watchdog

APRIL 25, 2023

While many speakers cautioned against moving too quickly to change the rules for AI-generated inventions, others warned that doing nothing could result in chaos for the USPTO and grave economic and innovation losses for the country.

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Invention Trademark Patent Inventor 131

IP Watchdog

SEPTEMBER 5, 2023

Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.

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Invention Inventor Patent Law 75

Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien. Details: FREE, but please register: [link] 1:00 – 4:30 PACIFIC TIME.

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Patent Law Invention Law Art 69

U.S. Department of Commerce

AUGUST 16, 2021

Invention-Con 2021: Capitalizing on Your Intellectual Property. Patent and Trademark Office’s (USPTO) free online Invention-Con 2021: Capitalizing on your intellectual property, coming August 18-20. Invention-Con 2021 will also include a wide range of virtual exhibitors from the USPTO and other federal government agencies.

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Intellectual Property Invention Inventor Music 74

IP Watchdog

SEPTEMBER 29, 2021

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.

Invention 145

Invention Patent Inventor Government 145

Intellectual Property Law Blog

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.

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Invention Patent Application Inventor Government 162

IP Watchdog

FEBRUARY 27, 2023

Elsewhere, Invent Together hosts an event to honor Black inventors and hear from a variety of Black inventors and entrepreneurs.

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Invention Inventor IP Privacy 105

The IPKat

OCTOBER 21, 2022

The final decision in this referral has the potential to either lower or increase the plausibility requirement in EPO inventive step analysis. In its preliminary opinion , the EBA hedges its bets but hints at accepting a standard of lack of ab initio implausibility for a technical effect supporting inventive step.

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Invention Publishing Patent Application Patent 86

Patently-O

JUNE 6, 2022

Court focused on the terms “individual” that was added to the Patent Act during the AIA and likely determinatively ends the case: The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. ” The Gov’t.

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Invention Inventor Patent Government 58

IP Watchdog

SEPTEMBER 16, 2021

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution. The AIA is simply the latest step in the long arc of moving U.S.

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Invention Patent Patent Law Law 124

IP Watchdog

SEPTEMBER 16, 2021

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. innovation.

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Invention Inventor IP Patent Law 124

IPilogue

FEBRUARY 21, 2022

In July 2021, the Government of Canada launched a consultation on Artificial Intelligence (“AI”) and the Internet of Things (“IoT”). The group proposed that the Government of Canada create a fair dealing doctrine to accommodate activities, such as research to accommodate TDM activities. Background.

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Government Copyright IP Intellectual Property 111

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.

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Invention Ownership Patent Intellectual Property 59

IP Watchdog

APRIL 15, 2024

Patent and Trademark Office (USPTO) announced today that it will be publishing a Notice of Proposed Rulemaking (NPRM) tomorrow aimed at formalizing the rules governing Director Review of Patent Trial and Appeal Board (PTAB) decisions under the America Invents Act (AIA).

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Invention Government Publishing Patent 59

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention.

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Invention Patent Inventor Intellectual Property 128

IP Watchdog

MAY 15, 2023

For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. As a result, few inventions were ever developed. And under the guise of increasing domestic manufacturing, they’re well on their way to reasserting control.

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Invention Ownership Licensing Government 130

Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. It also allows you to license your invention to others and collect a royalty fee. Can the buyer practice your invention, or can you continue to do so?

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Invention Patent Inventor Intellectual Property 52

IP Watchdog

APRIL 18, 2023

government statement of interest filed in a patent infringement suit against Moderna, Inc.’s 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.

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Patent Infringement IP Government Patent 128

IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. To recap, the decision was about Dr. Stephen L. What Does This Mean in the Canadian Context?

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Invention Ownership Intellectual Property Inventor 111

IP Watchdog

OCTOBER 1, 2023

PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S.

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Invention Patent Designs Design 137

LexBlog IP

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention.

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Licensing Invention Government Inventor 52

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

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Technology Invention Inventor Patent Application 65

JD Supra Law

DECEMBER 20, 2023

The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally funded inventions.

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Invention Government Patent Technology 79

JD Supra Law

FEBRUARY 16, 2024

government over a University of South Florida (USF) patent directed to Alzheimer’s disease research under the Bayh-Dole Act. government a broad scope of licensing rights under the Bayh-Dole Act, including in some instances inventions that predate the funding. The Federal Circuit’s decision confirms that 35 U.S.C.

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Licensing Patent Government Invention 68

Patently-O

NOVEMBER 9, 2021

But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” Judge Rich wrote in dissent, and argued that the invention was barred under Benson. ” Id. In re Johnston , 502 F.2d 2d 765 (C.C.P.A. Rather, the court found the claims obvious.

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Invention Patent Art Technology 75

SpicyIP

JUNE 28, 2023

and Saranya Ravindran This June 28 th marks the thirteenth anniversary of the tabling of the Parliamentary Standing Committee Report on The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 (PUPFIP) – a legislation introduced by the UPA government on the recommendations of the National Knowledge Commission.

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Government Invention Contracts Intellectual Property 98

JD Supra Law

FEBRUARY 14, 2024

government with a nonexclusive license to practice inventions that were paid for with federal funding. The Bayh-Dole Act specifically applies to inventions “conceived or first actually reduced to practice in the performance of. which provides the U.S. By: Schwabe, Williamson & Wyatt PC

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Invention Licensing Government 62

IP Watchdog

DECEMBER 6, 2021

Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19. While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos.

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Invention Inventor Patent Application Designs 122