The IPKat

DECEMBER 13, 2021

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. 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.

Inventor 135

Inventor Invention Ownership Intellectual Property Law 135

IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. 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.

Invention 111

Invention Ownership Intellectual Property Inventor 111

The IPKat

AUGUST 31, 2022

Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh? Ownership of IP In a recent curious example, Spice DAO paid $3 million for an original 1975 copy of the Dune bible by Alejandro Jodorowsky. Such ownership sometimes arises “automatically” when a work has been created in the course of employment.

Ownership 134

Ownership IP Contracts Inventor 134

Patently-O

APRIL 13, 2022

Yes, a corporation may own or license an invention and its resulting patents. But, the law persists in most nations as it has for more than 200 years that patentable inventions must begin with a human person, the inventor. Noam Shemtov and Garry Gabison, The Inventive Step Requirement and the Rise of the AI Machines.

Invention 111

Invention Intellectual Property Inventor Ownership 111

Patently-O

DECEMBER 20, 2023

In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Thaler has argued that the AI (called DABUS) conceived of the particular invention in question and also identified its practical utility. 1783 (2023). and GB1818161.0)

Invention 63

Invention Inventor Patent Ownership 63

JD Supra Law

JUNE 14, 2023

Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent.

Inventor 55

Inventor Intellectual Property Ownership Invention 55

The IPKat

DECEMBER 20, 2023

The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The Supreme Court held that the inventor within the meaning of the 1977 Act must be a natural person, and the AI machine DABUS is not a person let alone a natural person ([54] – [65]).

Inventor 86

Inventor Patent Ownership Reporting 86

IPilogue

NOVEMBER 1, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . In their position statement entitled “Artificial Intelligence Systems as Inventors?” , Dr. Daria Kim, Dr. Josef Drexl, Dr. Reto M. Hilty, and Peter R. Firstly, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

Patently-O

AUGUST 26, 2022

By David Hricik, Mercer Law School. 2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing.

Ownership 55

Ownership Inventor Patent Due Diligence 55

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

Inventor 119

Inventor Invention Patent Application Designs 119

LexBlog IP

FEBRUARY 17, 2023

2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor.

Inventor 52

Inventor Invention Patent Application Ownership 52

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? 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. Also, Howard was not named as an inventor. The court in Pannu v.

Inventor 52

Inventor Invention Art Patent 52

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. Bio-Rad now argues that it has partial ownership rights to the inventions based upon the inventor’s contributions while employees.

Invention 91

Invention Ownership Inventor Contracts 91

Intellectual Property Law Blog

FEBRUARY 28, 2024

200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. 35 U.S.C. § 201(e) (emphasis added).

Licensing 130

Licensing Invention Government Inventor 130

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. ” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. .” But, that decision sparked a major reform effort.

Patent Law 110

Patent Law Patent Law Invention 110

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.

Invention 122

Invention Inventor IP Ownership 122

JD Supra Law

AUGUST 18, 2023

One question we commonly hear from inventors is whether they have ownership rights to a patentable idea they conceived while working for a company. The answer can be quite tricky.

Invention 52

Invention Inventor Ownership Patent 52

IP Intelligence

MAY 10, 2021

However, we will focus on an argument advanced by Bio-Rad regarding a co-ownership defense. More specifically, a number of inventors of the 10X patents had previously worked for Bio-Rad. On review, the Commission agreed with the ALJ.

Ownership 52

Ownership Inventor Invention Intellectual Property 52

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 post UK Supreme Court rules on AI and Patent Applications appeared first on Global IP & Technology Law Blog.

Patent Application 62

Patent Application Inventor Patent Invention 62

IPilogue

JULY 7, 2021

Claire La Mantia is a Guest Writer and a 2L JD Candidate at Osgoode Hall Law School. The Patent Act contains no express provisions pertaining to the ownership of inventions produced by an employee during the course of their employment. At the time of hiring, the employee previously had made inventions.

Invention 59

Invention Ownership Patent Intellectual Property 59

The IPKat

JANUARY 27, 2023

39 of the Patents Act 1977 applied such that the patent belonged to the University by operation of law. Jing was hired as a research intern “at least in part because of his attributes”, which “made it particularly likely that he would make inventions”. As such, they are employees, not consumers, and employment law would protect them.

Inventor 98

Inventor IP Contracts Invention 98

Intepat

MAY 24, 2024

Organizations must carefully consider to consider these options when protecting their inventions. Understanding Patents A patent is a legal protection granted by the government to an inventor, providing the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

Inventor 52

Inventor Invention Patent Patent Application 52

LexBlog IP

SEPTEMBER 6, 2021

Willie Wonka famously said that invention is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple. South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. The Court relied upon the statutory definition of inventor in 35 U.S.C.100(f):

Inventor 40

Inventor Invention Ownership Patent Law 40

LexBlog IP

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 52

Patent Application Inventor Patent Invention 52

Kluwer Copyright Blog

SEPTEMBER 29, 2021

Thaler [2021] APO 5 , which allowed listing AI system DABUS as an inventor in a patent application. The DABUS case refers to an international patent application where AI DABUS was listed as an inventor. One could speculate about the impact this decision could have in the field of copyright law. About the DABUS decision.

Inventor 69

Inventor Copyright Law Copyright Law 69

LexBlog IP

MARCH 7, 2022

The appointment of an expanded panel (three judges is usual), including the Chief Justice, is notable, and suggests that the court considers the question of whether a machine can be an inventor for the purposes of the Patents Act 1990 to be one of particular legal importance. He will need at least one of these to survive the appeal.

Inventor 52

Inventor Patent Application Intellectual Property Invention 52

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Vidal , 43 F.4th 4th 1207 (Fed. PERLMUTTER et al, Docket No. 1:22-cv-01564, Paper No. 16 (D.D.C.

Invention 126

Invention Intellectual Property Registration Copyright 126

IPilogue

JULY 29, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. The short answer, as usual in law, is that it depends. In a 1998 journal article by Raymond T.

Music 119

Music Marketing Marketing Ownership 119

The IP Law Blog

MARCH 30, 2023

However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. The UAIA was signed into law on December 29, 2022, and included in the U.S. Further, anyone holding rights in the invention must also qualify as a small entity.

Business 98

Business Inventor Patent Licensing 98

Intepat

DECEMBER 4, 2023

Patents not only prevent others from patenting the same invention globally, ensuring exclusivity, but they also strengthen a company’s market position by reducing competition and entry barriers. Furthermore, patent holders can generate income through licensing their inventions, whether through lump-sum payments or royalties.

Patent 52

Patent Intellectual Property Ownership Invention 52

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.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? None of their decisions however are helpful in the UK, since the relevant statutory provisions in those disputes were different from the law of the UK. DABUS made inventions.

Inventor 93

Inventor Invention Intellectual Property Patent 93

SpicyIP

JANUARY 31, 2024

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. ” As per the order (para.

Inventor 64

Inventor Ownership Reporting Registration 64

Intellectual Property Law Blog

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 130

Invention Patent Prosecution Ownership Inventor 130

Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. Then came the patenting. July 26, 2022). 3d 659 (Fed.

Inventor 74

Inventor Ownership Invention Patent 74

Patently-O

MAY 4, 2023

Jordan is a second-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. May 2 , 2023) Joint inventorship requires a substantial contribution to the invention. US Patent 9,980,498 has four inventors that are employees of and assigned their interest to Hormel.

Inventor 71

Inventor Invention Art Ownership 71