Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

IP Watchdog

APRIL 24, 2023

Patent and Trademark Office (USPTO) is set to hold its first public listening session on AI inventorship, the U.S. Vidal, which asked the Court to consider the question: “Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone?” One day before the U.S.

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Inventor Trademark Patent Technology 130

IPilogue

AUGUST 11, 2021

To take another example, AI has been generating creative and inventive output for years that, if that output had been made by a person, would be protected by intellectual property rights. Litigation is currently ongoing on these patents in the United States, United Kingdom, EPO (Europe), and Germany.

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Intellectual Property Inventor Invention Business 112

IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

Inventor 59

Inventor Intellectual Property Patent Application Invention 59

IP Watchdog

JUNE 20, 2023

Recovering money from users of technology requires movement on the part of inventors of technology. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., All of these movements require the inventor to possess a patent.

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Cease and Desist Inventor Patent Litigation 128

The IPKat

DECEMBER 13, 2021

One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor. The same point can be put in a different way: because DABUS is a thing, it cannot even hold property, let alone transfer it.”

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Inventor Invention Ownership Intellectual Property Law 135

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Seems like a lower bar for entry for design patent than TM protection. Lowry: For many people/products, the first few years are the only years that matter, and design patents are a tool for that. More partial designs.

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Intellectual Property Design Patent Law Designs 84

IP Watchdog

AUGUST 5, 2022

Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly.

Inventor 134

Inventor Patent Patent Prosecution Technology 134

IP Close Up

MARCH 21, 2023

When it comes to declining respect for intellectual property rights inventors and content creators, such as photographers, musicians and writers, as well as some trademark Continue reading

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Inventor Intellectual Property IP Trademark 78

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

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Intellectual Property Designs Design Invention 98

IP Watchdog

JULY 12, 2022

Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. patent eligibility law. 101, as interpreted in Alice Corporation Pty v. 101, as interpreted in Alice Corporation Pty v. CLS Bank International, 573 U.S. 208 (2014).”.

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Inventor Patent Technology Law 116

IP Watchdog

DECEMBER 20, 2023

Unsurprisingly, the UK Supreme Court today ruled that Stephen Thaler’s AI Machine, DABUS, cannot be granted patents for inventions it autonomously created.

Inventor 52

Inventor Invention Patent Law 52

IP Watchdog

FEBRUARY 2, 2023

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S.

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Inventor Technology Patent Trademark 126

IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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Inventor Patent Invention Patent Application 117

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. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

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Intellectual Property Law Law Inventor Intellectual Property 81

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A separate, related patent lawsuit filed by REGENXBIO and Penn against Sarepta and Catalent, Inc.

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Litigation Patent Inventor Invention 52

LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

Inventor 52

Inventor Invention Patent Patent Application 52

LexBlog IP

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.

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Inventor Invention Art Patent 52

IP Watchdog

SEPTEMBER 26, 2023

On September 25, independent inventor Carolyn Hafeman filed a reply brief arguing that efforts by consumer tech giant LG Electronics to prejudice Hafeman’s legal claims in front of a Western Texas jury require the court to grant a new patent infringement trial in the case.

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Inventor Patent Infringement Patent Litigation 64

IP Close Up

AUGUST 9, 2022

Earlier this year China issued a detailed “Outline for Building a Powerful Intellectual Property Country.” ” It is an impressive document which needs to be taken Continue reading.

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Intellectual Property Inventor Business Licensing 69

IP Watchdog

MAY 2, 2022

patent system is currently in a state of growing crisis. federal government to address patent quality, abusive litigation and forum shopping. The post offers several suggestions, each sanctioned by Google, as to steps that can be taken in all three branches of the U.S. Indeed, any informed observer of the U.S.

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Inventor Patent Government Litigation 128

IP Close Up

JANUARY 3, 2024

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

Intellectual Property 89

Intellectual Property IP Inventor Invention 89

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Troll Patent Inventor Intellectual Property 98

LexBlog IP

JULY 31, 2023

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. AI and IP Law: Podcast with Yuri Eliezer by Yuri L.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

SpicyIP

APRIL 7, 2024

Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. She has been working in the field of access to medicines, patents and IP for more than a decade.

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Patent Patent Application Intellectual Property Law 72

Kashishipr

OCTOBER 20, 2021

The evergreening of patents is a common element of pharmaceutical patents. The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents.

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Patent Intellectual Property Inventor Government 105

IP Watchdog

JANUARY 27, 2022

On January 21, inventor Martin David Hoyle and his company B.E. Patent and Trademark Office (USPTO), a pair of officials at the Patent Trial and Appeal Board (PTAB) and three administrative patent judges (APJs) who sat on PTAB panels invalidating Hoyle’s patent claims. Lee, former Director of the U.S.

Inventor 105

Inventor Technology Patent Trademark 105

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

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. The neutering of software, e-commerce and algorithm patents are at least partly responsible but, amazingly, software-related patents represent almost two-thirds of U.S.

IP 121

IP Litigation Inventor Licensing 121

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. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 62

Patent Application Inventor Patent Invention 62

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). patent, which it did not receive until” later.

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False Advertising Advertising Advertising Patent 59

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

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

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. In that case, the Federal Circuit affirmed that American Axle’s patent claim was patent ineligible as it violated 35 U.S.C. §

Inventor 52

Inventor Invention Patent Prosecution Law 52

IP Watchdog

NOVEMBER 30, 2023

Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. Recently, Wen Xie argued on IPWatchdog that the U.S. Copyright Office (USCO) and the U.S.

Intellectual Property 136

Intellectual Property IP Copyright Trademark 136

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 127

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. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116