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

IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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Inventor Ownership Invention IP 105

JD Supra Law

SEPTEMBER 21, 2023

The state of New York has enacted legislation clarifying the scope of an employer's ownership of intellectual property created by its employees (A.

Invention 68

Invention Intellectual Property Ownership Law 68

IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor. This signals a shift in Canadian attitudes towards AI ownership of their work. What Does This Mean in the Canadian Context?

Invention 111

Invention Ownership Intellectual Property Inventor 111

LexBlog IP

AUGUST 29, 2023

If signed into law by Governor Hochul, the legislation would, effective immediately, add to New York labor law a new section 203-f that renders unenforceable provisions in employee agreements that require employees to assign certain inventions developed using the employee’s own property and time.

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Invention Ownership Business Law 52

JD Supra Law

OCTOBER 4, 2022

When lawyers talk about “intellectual property law” they usually mean the world of trademarks (names or symbols that identify the source of a product), copyrights (creative works, like paintings, songs, books), or patents (inventions). Sometimes, cultural beliefs and notions of communal ownership can. By: McAfee & Taft

Intellectual Property Law 108

Intellectual Property Law Law Intellectual Property Ownership 108

JD Supra Law

MARCH 6, 2023

Any invention conceived or reduced to practice with the assistance of federal funding is subject to the Bayh-Dole Act, which provides for ownership of such inventions, but only if the grantee (referred to in the Act as a “contractor”) abides by the terms. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Invention 97

Invention Ownership 97

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

JD Supra Law

DECEMBER 11, 2023

By: Linda Liu & Partners

Invention 70

Invention Patent Application Ownership Patent 70

SpicyIP

SEPTEMBER 3, 2023

Reva Satish Makhija is a 3 rd Year law student at Jindal Global Law School. In furtherance of this concern, the latest judicial innovation is problematised by this author since the right to dispute the claim of ownership is preceded by the automatic and blanket application of the dynamic injunction.

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Invention Ownership Copyright Copyright Infringement 115

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

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

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Inventor Patent Law Invention Law 94

Patently-O

AUGUST 26, 2022

By David Hricik, Mercer Law School. The basis was that, ownership of the application had been held only in Afana’s name, as sole inventor), and as a result it had been properly conveyed to Mobile Equity. For example, applying Florida law, the court in Taylor v. For example, applying Florida law, the court in Taylor v.

Ownership 55

Ownership Inventor Patent Due Diligence 55

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

IPilogue

SEPTEMBER 3, 2021

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots.

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Inventor Patent Law Law Patent 106

IP and Legal Filings

MARCH 9, 2022

These rights have the sole purpose and that it so protects and confer the creation or an invention specific to a certain period. Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market.

Ownership 72

Ownership Copyright Trademark Contracts 72

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

IP Intelligence

APRIL 24, 2023

The Copyright Office’s current position is a classic “hard cases make bad law” situation. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output.

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Ownership Copyright Public Domain Registration 98

JD Supra Law

SEPTEMBER 29, 2021

But how should employers address the ownership of intellectual property created by their employees in the course of their employment? Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets.

Intellectual Property 52

Intellectual Property Ownership Invention Litigation 52

JD Supra Law

AUGUST 23, 2022

In July 2022, the Seventh Circuit issued an opinion making it clear that employers must put in place written invention assignment agreements if they want to ensure ownership of employee inventions. By: Foley Hoag LLP

Invention 52

Invention Ownership 52

Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

JD Supra Law

SEPTEMBER 9, 2021

The situation is familiar: an employee leaves one company to go work for another, or perhaps to found her own start-up. She may be working on the same problems that she faced at her former workplace, and in the same technological space. By: Proskauer - Minding Your Business

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Ownership Invention Business Technology 94

IP Intelligence

MAY 10, 2021

However, we will focus on an argument advanced by Bio-Rad regarding a co-ownership defense. During the ITC proceeding, an Administrative Law Judge (ALJ) rejected the defense by concluding that Bio-Rad had not shown that the “inventive concept” of the asserted patents was conceived before the inventors left Bio-Rad.

Ownership 52

Ownership Inventor Invention Intellectual Property 52

IP and Legal Filings

MAY 10, 2024

It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

Intellectual Property 98

Intellectual Property Technology Licensing Invention 98

The IPKat

NOVEMBER 22, 2021

this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

Inventor 140

Inventor Invention Patent Ownership 140

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).

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Licensing Invention Government Inventor 130

LexBlog IP

APRIL 24, 2023

The Copyright Office’s current position is a classic “hard cases make bad law” situation. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., law as well. The Office has answered that question with a resounding “maybe.”

Ownership 64

Ownership Copyright Registration Public Domain 64

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

Intepat

MAY 24, 2023

Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it. It is crucial in establishing a transparent record of ownership and transfer, while also safeguarding the rights of all parties involved in the transaction.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

JD Supra Law

AUGUST 24, 2021

But how should employers address the ownership of intellectual property created by their employees in the course of their employment? Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets.

Intellectual Property 52

Intellectual Property Ownership Invention Litigation 52

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. Many non-experts assume that these rules have an air of natural law to them and deduce implications which do not follow.

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Inventor Invention Ownership Intellectual Property Law 135

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

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

JD Supra Law

MARCH 18, 2024

Originally passed at the end of 1980, the Bayh–Dole Act permits ownership by contractors of inventions arising from federal government-funded research. He develops strategies for life science companies to maximize exclusivity for therapeutic and diagnostic products. In recent months, the Biden Administration has seemed intent on more.

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Ownership Invention Government 70

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.

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Invention Intellectual Property Registration Copyright 126