IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents.

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Inventor Patent Invention Intellectual Property 111

Intellectual Property Law Blog

FEBRUARY 14, 2024

showed the intention of the ‘551 Patent’s inventor to define “storage elements” as “systems that store non-negligible amounts of energy from an input EM signal.” Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. the contrast drawn between “holding modules” and “storage [elements]” in [4.]

Inventor 130

Inventor Patent Art Law 130

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. The question of what makes one an “inventor” was central to whether HIP’s employee should be added to the patent. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023). While AI did not factor into HIP v.

Intellectual Property Law 81

Intellectual Property Law Law Inventor Intellectual Property 81

LexBlog IP

AUGUST 11, 2021

Trade secret law has become the protection of choice over patent law for recipes in the food industry because a trade secret can grant proprietary rights in perpetuity while a patent only lasts for 20 years. In addition, a trade secret remains an enigma while a patent requires the inventor to actually describe how his invention works.

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Intellectual Property Law Intellectual Property Law Social Media 52

JD Supra Law

SEPTEMBER 16, 2021

USPTO, EPO, and Precedent- As some readers may recall, the increasing efficacy and ubiquity of artificial intelligence has instigated philosophical and legal debate concerning whether an artificial intelligence may itself be considered the inventor of an innovation it has generated. By: Caldwell Intellectual Property Law

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Invention Intellectual Property Law Inventor Intellectual Property 102

Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. But the rise of generative AI is changing how we invent: it is becoming increasingly prevalent that inventions are now generated in a collaboration between human inventors and AI systems that together develop novel solutions to problems. 101 and 115.

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Invention Inventor Patent Application Patent 130

Intellectual Property Law Blog

DECEMBER 15, 2023

Reasoning To establish actual reduction to practice before the filing date of the ’355 patent, it must be shown that “(1) [the inventors] constructed an embodiment or performed a process that met all the limitations of the [claimed invention]; and (2) [the inventors] determined that the invention would work for its intended purpose.”

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Art Inventor Invention Patent 147

LexBlog IP

AUGUST 9, 2022

The Court’s denial of opportunities to clarify this issue has caused American inventors to unreasonably weigh the risk of disclosing their inventions against the uncertainty of acquiring a patent. The purpose of the patent system is to provide economic incentive for inventors to disclose their knowledge to the public sphere.

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Inventor Invention Patent Prosecution Law 52

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. At the outset, the USPTO guidance states that inventions developed with assistance from an AI system are still patentable, as long as a human inventor “significantly contributed” to the invention. Vidal , 43 F.4th

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Invention Inventor Intellectual Property Law Intellectual Property 52

Chicago IP

APRIL 25, 2022

CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the Illinois Intellectual Property Alliance (“ILIPA”) will host World IP Day 2022. On Tuesday, April 26, 2022 from 12:00 p.m. to 1:00 p.m.

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Intellectual Property Law IP Intellectual Property Inventor 52

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

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Invention Ownership Intellectual Property Inventor 111

The IPKat

FEBRUARY 16, 2024

US In the US, the debate centres on the legal implications of AI's capabilities and its impact on intellectual property law, including in relation to patentability. Patent and Trademark Office (USPTO) and courts traditionally assess patentability based on the expertise of PHOSITA ( 35 U.S.

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Intellectual Property Intellectual Property Law Art Inventor 120

Intellectual Property Law Blog

FEBRUARY 28, 2024

In October 1996, the provisional application to which the ’094 patent claims priority was filed and the two inventors of the ’094 patent assigned their rights in the invention to USF. By December 1996, the two inventors of the ’094 patent changed their employer from USF to Mayo Clinic.

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Licensing Invention Government Inventor 130

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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Patent Inventor Invention Intellectual Property 92

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

LexBlog IP

APRIL 25, 2022

CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the Illinois Intellectual Property Alliance (“ILIPA”) will host World IP Day 2022. On Tuesday, April 26, 2022 from 12:00 p.m. to 1:00 p.m.

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IP Intellectual Property Law Intellectual Property Inventor 40

LexBlog IP

APRIL 10, 2023

For most intellectual property questions, your attorney can be located anywhere in the United States. This is because most of the relevant intellectual property laws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States.

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Intellectual Property Intellectual Property Law Registration Trademark 52

IPilogue

AUGUST 13, 2021

Abbott examines this concept in four legal areas: tax, torts, criminal, and intellectual property law. The section on intellectual property (IP) is particularly intriguing in light of recent events. On July 29, 2021 South Africa approved a patent listing AI as the inventor.

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Inventor Invention Intellectual Property Intellectual Property Law 106

Intellectual Property Law Blog

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The district court ordered correction of the inventorship for the six patents holding that Ragner should have been a named co-inventor for all of the asserted patents.

Inventor 130

Inventor Designs Design Invention 130

LexBlog IP

DECEMBER 16, 2021

Founders Legal®, a boutique Corporate & Intellectual Property law firm, has teamed up with the PQAI℠ initiative to launch a free patent search tool. This tool is both powerful and precise, making it an effective resource for individual inventors, entrepreneurs, and small to medium-sized businesses.”

Intellectual Property 40

Intellectual Property Intellectual Property Law Inventor Patent 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 22, 2021

Fish is proud to receive the IP Pro Bono Service Award from the Los Angeles Intellectual Property Law Association (LAIPLA) and California Lawyers for the Arts (CLA).

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Intellectual Property Law Inventor Intellectual Property Art 40

IPilogue

JUNE 29, 2022

The Haberman Feeder , named after its inventor Mandy Haberman, is a specialty bottle which uses a slit valve and is especially useful for feeding babies with feeding difficulties. Over the years, the lectures have been delivered by distinguished experts from across the globe. You can watch UCL’s full recording of the lecture here:

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Intellectual Property Intellectual Property Law Copying Copyright 114

Intellectual Property Law Blog

OCTOBER 8, 2021

A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request. The question of whether an AI system can be an inventor is now expected to proceed to the Federal Circuit. In Thaler v.

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Patent Inventor Invention Intellectual Property 246

Patently-O

MAY 26, 2022

Congress has declared that the committee should individuals representing both small and large entities, including at least independent inventor. Work to transform intellectual property laws in ways that promote US investment in innovation in key industries. ” Dir.

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Intellectual Property Law Intellectual Property Inventor Technology 66

Intellectual Property Law Blog

AUGUST 2, 2023

Instead of showing that de Gennes was pertinent to the problem faced by the inventor of the challenged patent, Mylan argued that de Gennes constituted analogous art because it was pertinent to a problem faced by the Burren reference. In determining whether a reference is analogous, the reference must be compared to the challenged patent.

Art 130

Art Inventor Patent 130

LexBlog IP

MAY 16, 2023

Some inventors are celebrated for how their creations have profoundly enhanced our lives, while others are frowned upon for leaving behind environmental catastrophes. occupies a peculiar space in the world of inventors, where his groundbreaking works are both applauded and criticized in equal measure. Thomas Midgley Jr.

Intellectual Property 52

Intellectual Property Inventor Patent Invention 52

Intepat

NOVEMBER 13, 2023

Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. In India, the “share” of female inventors who filed patent applications between 2019-2021 was 10.2%. of all inventors , with men making up the remaining 83.8%.

Inventor 52

Inventor Patent Invention Intellectual Property 52

Intellectual Property Law Blog

OCTOBER 4, 2022

Overall, AI is increasingly used in biotechnology, however biotechnology AI patenting is diffusing across all technologies, owners, and inventor-patentees. Nicholas Pairolero, Research Economist, USPTO provided an informative landscape of AI in Biotech.

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Technology Patent Application Trademark Patent 242

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. It will also enable the applicant to examine the expansion opportunities in his industry or domain.

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Marketing Marketing Inventor Invention 119

LexBlog IP

OCTOBER 3, 2023

Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. This article considers a sub-category of trademark law that allows for some interesting board game protection. as explored in the article How to Legally Protect Your Board Game Idea. What is Trade Dress Protection?

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

Intellectual Property Law Blog

OCTOBER 6, 2023

Under a first-to-invent system, the first person to come up with an invention has “priority” and is entitled to a patent even if there was an earlier filed patent application from a different inventor covering the same invention.

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Invention Patent Application Inventor Government 162

Intellectual Property Law Blog

AUGUST 30, 2021

Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. AI technology is complex and includes different parts across different fields.

Invention 242

Invention Patent Privacy Inventor 242

Canadian Intellectual Property Blog

MAY 12, 2020

Determining inventorship, prior to patent issuance, can save an applicant the costly procedural and evidentiary burden required for correcting the named inventors post patent issuance. Does it appear that one or more of the named inventors have no part in the invention? The test asks two questions: 1.

Inventor 52

Inventor Patent Intellectual Property Invention 52

Larson & Larson

NOVEMBER 25, 2021

An innovation by an inventor can benefit them remarkably. This is because, under Intellectual property law, they reserve the exclusive rights to use their innovation as they please. That said, if you are an inventor seeking to patent your innovation, there are certain fundamental facts you need to understand.

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Intellectual Property Law Blog

JUNE 7, 2023

2022) recently confirmed that an inventor under the patent statute must be a natural person. Patent Office two patent applications in which artificial intelligence was identified as the inventor. PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v. Vidal , No. 2021-2347 (Fed.

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Patent Intellectual Property Patent Application Inventor 130

The IPKat

OCTOBER 10, 2021

Copyright The Journal of Intellectual Property Law and Practice published an Author's Take piece considering what the way forward for the press publishers' right might be under EU copyright law. This Kat is having a haunted October This post promises to take readers around the IP blogs in eight posts.

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Blogging IP Intellectual Property Law Journalism 67

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Gernsback was also an inventor and serious scientific thinker in his own right. Guest post by Camilla A.

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Patent Law Law Inventor Patent 96