The IPKat

DECEMBER 13, 2021

There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. The AmeriKat braces for the take over of the machines.or

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Inventor Invention Ownership Intellectual Property Law 135

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 IP Law Blog

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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S.

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Inventor Invention Art Patent 110

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

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Intellectual Property Cease and Desist Invention Branding 52

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. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity.

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Inventor Patent Invention Intellectual Property 111

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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Patent Prosecution Invention Inventor Patent 75

Kashishipr

DECEMBER 8, 2021

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. Also, there arise questions of obviousness and ownership rights. Many times, a patent is a result of constant trial and error.

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Patent Intellectual Property Invention Ownership 105

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

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Designs Design Trademark Copyright 52

LexBlog IP

FEBRUARY 17, 2023

For instance, the USPTO askes, “[i]f an AI system contributes to an invention at the same level as a human who would be considered a joint inventor, is the invention patentable under current patent laws?” ” Stephan Thaler is currently appealing the ruling to the U.S.

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Inventor Invention Patent Application Ownership 52

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

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Inventor Moral Rights Patent Invention 52

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. underlining added).

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Licensing Patent Application Patent Prosecution Invention 67

LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program.

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Intellectual Property Patent Application Invention Branding 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. South African issued Patent No. South African issued Patent No.

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Inventor Invention Patent Law Ownership 40

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. 9,980,498 (the “’498 Patent”). The court in Pannu v.

Inventor 52

Inventor Invention Art Patent 52

IP and Legal Filings

JUNE 15, 2023

A part of TK is exposed for patent review whereas the rest is kept undisclosed. Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge.

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Ownership Privacy Public Domain Copyright 81

LexBlog IP

MAY 2, 2023

Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur. under the Patent Act. AI may not be listed as the sole inventor on a patent application.

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Inventor Patent Application Invention Ownership 52

The IP Law Blog

MARCH 30, 2023

Further, anyone holding rights in the invention must also qualify as a small entity. In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

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Business Inventor Patent Licensing 98

Patent Trademark Blog

DECEMBER 8, 2021

What can trigger the loss of patent rights is an inventor’s own public disclosure or sale of an invention. 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.

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Inventor Patent Invention Patent Application 40

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

Non-Fungible Tokens 85

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 85

LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. ” (underlining added).

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Licensing Patent Application Patent Prosecution Invention 52

LexBlog IP

APRIL 28, 2023

Patent law has about a year’s head start on this issue, but the decisions have not been pro-AI. In 2022, the Federal Circuit ruled that computer programs cannot qualify as inventors under the US Patent Act. It stands to reason that if a computer program cannot invent, it also cannot create a work of authorship.

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Content Creation Plagiarism Blogging Ownership 52

SpicyIP

AUGUST 15, 2021

They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs. Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early? Thematic Highlight.

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Licensing Government Reporting Patent Law 83

LexBlog IP

DECEMBER 6, 2022

It is a fact that they do not provide anything like a formal ownership/right title, it is also a fact that they are set forth by the law, and therefore they may be judicially enforced by alternative ways of action.

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Patent Confidentiality Invention Government 52

Intepat

DECEMBER 4, 2023

The government has been supportive to the endeavors of MSMEs, which can be seen through the concession on fees within the IP framework and otherwise. The benefits of patenting are manifold. Furthermore, patent holders can generate income through licensing their inventions, whether through lump-sum payments or royalties.

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Patent Intellectual Property Ownership Invention 52

The IP Law Blog

MARCH 26, 2021

The only prior art that can be cited are patents and printed publications. Thus, an IPR cannot be used to invalidate a patent based on patentable subject matter, written description, best mode, enablement, indefiniteness, or ownership, and an IPR cannot be based on prior art other than patents and printed publications.

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Patent Litigation Art Ownership 52

LexBlog IP

MARCH 27, 2023

The firm was founded in 1999 [ sic ] and has since grown to become one of the largest IP law firms in the Midwest region of the United States. Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions.

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Intellectual Property IP Inventor Copyright 52

The IPKat

NOVEMBER 4, 2021

Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. And now she has our full attention.

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Intellectual Property IP Ownership Law 141

Biswajit Sarkar Copyright Blog

DECEMBER 6, 2022

It can aid in the verification of the original creators and inventors of a particular work or invention. Not only can it assist the creators or owners of IP, but it can also help IP offices keep a secure record of the IP applications and assignments. It can also keep an unalterable record of a patent grants and licences.

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IP Contracts Ownership Intellectual Property 52

LexBlog IP

JULY 21, 2021

Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.” “ find out knowledge of witty inventions.”: World Intellect.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. IP theft threatens U.S. The Order calls on the U.S.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. IP theft threatens U.S. The Order calls on the U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. IP theft threatens U.S. The Order calls on the U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

JUNE 15, 2022

1, it, he made inventive contributions and started the inventive process. 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. ” Feist Publications, Inc. 263, 319-320 (2020) ].

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Inventor Copyright Art Intellectual Property 52

Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions.

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Intellectual Property Inventor Invention Copyright 52