The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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IP Branding Brands Branding 132

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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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. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.

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Invention Patent Inventor Intellectual Property 127

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. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 111

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

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Patent Law Patent Inventor Invention 137

SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh.

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IP Intellectual Property Reporting Government 98

LexBlog IP

AUGUST 30, 2022

The diminished bench split 3:3, with Kiefel CJ, Gageler and Keane JJ finding Aristocrat’s claims unpatentable, while Gordon, Edelman and Steward JJ would have allowed the appeal, concluding that the claimed invention was patent-eligible. We were hoping for some clarity on the patent-eligibility of computer-implemented inventions.

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Patent Law Law Patent Invention 52

SpicyIP

AUGUST 1, 2021

Further, as is with the case of most government offices, the patent office also faces several structural issues including being overburdened with their workload, having inadequate personnel capacity, and other issues which have been extensively covered on the blog here.

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Reporting Patent Law Patent Application Patent 136

SpicyIP

AUGUST 1, 2021

In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable. The Report suggests loosening some of the restrictions on what a patentable subject matter is.

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Reporting Patent Law Law Patent 140

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. In pre-revolutionary France, similar royal privileges were granted under the name “patente”.

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Patent Patent Law Invention IP 123

Patently-O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. But, the real boost only happens if the government brief supports certiorari. The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. 2022)(forthcoming).

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Patent Law Law Patent Litigation 95

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. 1] WIPO, Competition and Patents. [2]

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Patent Law Law Patent Intellectual Property 52

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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Confidentiality Invention Business Artistic Work 113

The IPKat

JANUARY 26, 2023

A remarkably focused Kat If you missed last week's IP posts, this is the perfect time to catch up. Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022.

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IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions.

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Invention Patent Law Patent Trademark 64

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. In a recent c a se , the English Patent Court dealt with the distinction between scientific advisers and expert evidence offering an intriguing insight into the matter.

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Litigation IP Intellectual Property Patent 59

SpicyIP

JANUARY 15, 2023

Foreign companies that either do not manufacture their invention in India or do not import their inventions in India can fall foul of these requirements. Further, Form 27 requirements are already very diluted and without them it will be impossible to obtain compulsory licenses, a core part of the Indian patent system.

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Copyright Infringement IP Copyright Intellectual Property 135

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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IPilogue

JULY 14, 2021

Bonnie Hassanzadeh is an IPilogue Senior Editor , IP Innovation Clinic Fellow , and a 3L JD Candidate at Osgoode Hall Law School. . . 5 There needs to be clarity about the circumstances in which a business reworking an item goes so far as to constitute an IP infringement. Patent Rights: Repair vs. Reconstruction.

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IP Copyright Invention Technology 106

SpicyIP

MARCH 21, 2024

This report which is mandated under American law and placed before the US Congress, requires the USTR to conduct a review of the intellectual property (IP) laws and enforcement policies of American trading partners in order to identify those laws or practices which maybe detrimental to American interests.

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The IPKat

JANUARY 12, 2024

If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. The AmeriKat getting her winter coat on Brrr, it's cold in here. or contact secretary@aippi.org.uk

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IP Intellectual Property Law Law Invention 67

Kashishipr

JULY 7, 2021

Since the same has not been patented, it has never been revealed publicly. ’s search algorithm is also existent as its Intellectual Property (IP) in the form of a trade secret over its code, which is regularly updated to improve and protect its operations. Choosing between Patents and Trade Secrets. Google Inc.’s

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Patent Intellectual Property Invention Patent Law 105

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. Such applications are primarily governed by sections 43A to 43F of the Patent Act. See Rule 4.1. See Rule 4.1(a)(iv).

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Inventor Patent Application Patent Invention 103

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. A patent protects an invention. ” But there are exceptions and exclusions under patent law.

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Confidentiality Invention Business Artistic Work 52

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

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Law Patent Invention Patent Law 128

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Intellectual Property Cease and Desist Invention Branding 52

IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

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IP Intellectual Property Invention Copyright 40

LexBlog IP

OCTOBER 24, 2023

Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? various three-letter and four-letter government agencies), ensuring certain innovations remain confidential. defense departments (e.g.,

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Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? various three-letter and four-letter government agencies), ensuring certain innovations remain confidential. defense departments (e.g.,

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Patent Application Invention Inventor Technology 52

IPilogue

AUGUST 13, 2021

Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . As we automate more work, the tax base shrinks, costing governments billions of dollars in tax revenue. The section on intellectual property (IP) is particularly intriguing in light of recent events.

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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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Inventor Moral Rights Patent Invention 52

The IPKat

SEPTEMBER 28, 2021

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

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Intellectual Property Invention Government Patent 76

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA).

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Invention Inventor Patent Application Patent Law 124

IP Watchdog

FEBRUARY 19, 2023

Patent and Trademark Office’s (USPTO’s) announcement early last week that it is requesting public comments on artificial intelligence (AI) and inventorship indicates that changes may eventually be implemented with respect to how the Office considers inventions created, or partially created, by AI machines.

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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. Read the full article on Managing IP. Inventorship in the US is a critical component of patent ownership.

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Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What prerogatives does the right to prior use grant?

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Patent Infringement Invention Patent Patent Law 52