IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

Patent Application 62

Patent Application Inventor Patent Invention 62

IPilogue

NOVEMBER 3, 2022

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. Currently, no court decisions have been rendered regarding Moderna’s patent infringement claim against Pfizer.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). Below are my thoughts on what is interesting about these cases.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1]

Publishing 52

Publishing Government Litigation Inventor 52

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Instead, OpenAI treats the matter as one of ownership via contract law.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Intepat

NOVEMBER 2, 2023

It united eminent speakers, encompassing politicians, industry luminaries, and scholarly figures, to illuminate India’s strides, challenges, and aspirations within the intellectual property landscape. This surge in patent filings indicates a heightened emphasis on innovation and intellectual property within the country.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

In today’s connected global economy, obtaining patent protection in multiple jurisdictions is the best way for companies to protect their intellectual property on a global scale. Inventorship in the US is a critical component of patent ownership. Read the full article on Managing IP. PDF copy available. Practice tip.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.” Nation Enters.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

The IP Law Blog

MARCH 31, 2022

Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed. In that case, David Wexler, a toy inventor, sued Hasbro, claiming that the toy company used two of his ideas without paying him royalties.

Contracts 96

Contracts Law Artwork Copyright 96

LexBlog IP

JUNE 15, 2022

” [Flynn, Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts ]. Though Thaler claims that he has somehow been denied his entitled copyright ownership, Complaint , par. However, the characterisation of a person as an inventor is a question of law. Vidal , Case No.

Inventor 52

Inventor Copyright Art Intellectual Property 52

LexBlog IP

JUNE 20, 2023

In this regard, the PTO is further considering, for determining whether a party is under-resourced, whether it should consider: government funding; third-party litigation funding support; the resources of anyone with an ownership interest in the patent owner; anyone with a stake in the outcome of the proceeding.

Litigation 52

Litigation Ownership Patent Inventor 52

Trading Secrets

NOVEMBER 2, 2023

Intellectual property is a key focus. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

NOVEMBER 2, 2023

Intellectual property is a key focus. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Should AI-generated content be considered as intellectual property, and if so, who should benefit from it? Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Intellectual property is a key focus. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Should AI-generated content be considered as intellectual property, and if so, who should benefit from it? Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

AUGUST 3, 2023

After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post). Though it’s a different story that even RTIs couldn’t penetrate its secrets of how much it legal expenses it incurred on Basmati , not once but twice !

Registration 98

Registration IP Copyright Blogging 98

LexBlog IP

APRIL 24, 2023

Exclude PGR from discretionary denial based on parallel litigation? That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. First, there is a pro bono program that provides free counsel to such inventors, and from reputable firms.

Settlement 52

Settlement Litigation Patent Business 52