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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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

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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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LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 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?

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LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 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?

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IPilogue

JUNE 2, 2022

Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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IP Intelligence

MARCH 31, 2022

31, 2022, with each intellectual property (IP) partner office granting only 400 petitions per year. In contrast with the original petition option, applicants need file the petition only with the USPTO or its IP partner office – the JPO or the KIPO – under the new combined petition option. Details of the Expanded CSP Program.

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LexBlog IP

MAY 10, 2022

Abnormal patents in china. The Chinese government is stepping up efforts to promote intellectual property quality. The Chinese government has made it a priority to improve the quality of patents in recent years, and has taken a number of steps to achieve this goal. million filings, or roughly 15% of submissions that year.

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Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Patent Trademark Blog

JUNE 1, 2022

What should PCT applicants look for in a US national phase firm? When it comes to entering the US national phase, PCT applicants have a lot of options. Can a boutique IP firm handle US patent filings for a large client? Will the US national phase firm warn you of potential problems in your PCT application?

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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. While many thousands of pieces of legislation have been saved from the end of year bonfire, the Government clearly sees REULA as the catalyst for future regulatory departure from EU laws.

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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). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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LexBlog IP

JANUARY 25, 2022

The United States Patent and Trademark Office (USPTO) is the government agency responsible for granting patents and registering trademarks. The USPTO website is a great resource for inventors, offering information on patenting procedures, patent search tools, and more. PATENT SEARCH TOOLS. Google Patents.

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IP and Legal Filings

APRIL 18, 2023

The Issue The Indian Patent Office , has for the first time rejected to recognize the claim of AI to be an inventor relying upon Section 2 and 6 of the Indian Patents Act, 1970 (Hereinafter, the Act). [1] 2] However, some argue that AI systems should be granted legal personality and be allowed to own patents. 7] Way ahead?

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SpicyIP

AUGUST 2, 2021

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Part I and II.

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The IPKat

OCTOBER 7, 2021

This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Lodewijk is a PhD candidate and affiliated researcher at KU Leuven Centre for IT & IP Law (CiTiP) and a scholarship holder at Max Planck Institute for Innovation and Competition. OAPI granted the patent on 31 May 2019.

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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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Kashishipr

OCTOBER 20, 2021

To comply with international standards, the Australian government had to make some changes in its existing laws. The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system. Conclusion.

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Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

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Patently-O

APRIL 10, 2024

As stated in the notice, “While the USPTO is committed to maximizing AI’s benefits and seeing them distributed broadly across society, the USPTO recognizes the need, through technical mitigations and human governance, to cabin the risks arising from the use of AI in practice before the USPTO.”

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Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

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Intepat

FEBRUARY 16, 2021

A patent comes with a bundle of rights regarding an invention granted to the applicant to reward their ingenuity and incentivize the spirit of innovation in industries. To further this idea, patent laws have always mandated that enough information about the innovative step is disclosed.

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Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

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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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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. PATENTS: In the realm of intellectual property rights, patents play a crucial role in safeguarding the innovative ideas and inventions of startups.

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LexBlog IP

AUGUST 14, 2023

With the surge in utility model and design patent applications in China, the role of Patent Evaluation Reports (PER) has become increasingly significant. Table of Contents The Rising Trend in Patent Filings The Double-Edged Sword of PER Who Can Request a PER? Who Can Request a PER?

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LexBlog IP

AUGUST 8, 2021

But that is just what his Honour Justice Beach has done in a recent judgment that a patent applicant can name as the inventor, not a human person, but an artificial intelligence ( AI ) system. [1]. 3] The application was filed in 2019 by Dr Thaler as the patentee, but named DABUS itself as the inventor.

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Garrigues Blog

JANUARY 12, 2022

All of us at the Garrigues IP Blog would like to wish you a very happy new year. This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models.

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IP Tech Blog

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Therefore, at the end of it, China still requires a physical product to be at the center of the design patent application.

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IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Further, while patent and copyright have strict brackets on what it pertains to, many forms of traditional knowledge may not strictly conform to it.

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LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located. Intellectual property attorneys can file these applications from anywhere.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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LexBlog IP

DECEMBER 26, 2023

The AI is a tool, not a solution, and it certainly isn’t a lawyer well-versed in the nuances trademark law. Patents In 2020, over 80,000 utility patent applications involved AI, and nearly 20% of all utility patent applications these days involve AI in some way. There Is So Much More to AI and IP!

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LexBlog IP

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Therefore, at the end of it, China still requires a physical product to be at the center of the design patent application.

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LexBlog IP

APRIL 12, 2023

Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. Intellectual property law is all the more a refuge for wordsmiths , linguists , and logophiles , as three recent IP-related matters can help illustrate. Eset, LLC, a patent case. Hetronic International Inc.,

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SpicyIP

MAY 28, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 3 posts, 4 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on?

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SpicyIP

JANUARY 18, 2023

From the text it appears that the HNLU team relied on an underlying ‘study’ conducted by a renowned IP law firm. Neither HNLU nor the IP law firm has made the raw data available to the public nor have they clarified the basis of selecting or excluding the data that they have used for their ’study’.

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