SpicyIP

AUGUST 1, 2021

In this 2-part post, in part I, I will be analyzing the suggested amendments to Section 3 of the Patents Act (the substantial provisions) and part II will cover the suggested amendments to some of the procedural provisions of the Act. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable.

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Reporting Patent Law Law Patent 140

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.

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Invention Inventor IP Ownership 122

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 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.

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Inventor Invention Patent Ownership 140

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

The IPKat

NOVEMBER 4, 2022

Ramalho then examines the justifications for granting copyright or patent protection with a view to considering whether that protection can be extended to include AI-generated content. She then analyses relevant parts of copyright and patent protection for AI-generated content under European, US, Australian and Japanese law.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

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. . Slowinski expound on the evolving case-law in this subject area. Photo by KirillM (depositphotos). . . . . . . . . Hilty, and Peter R. Firstly, Kim et al. Firstly, Kim et al.

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Inventor Patent Invention Intellectual Property 111

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

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

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. On appeal now, the Federal Circuit has refused to hear the case — finding that a patent ownership dispute does not “arise under” the patent laws. Peter Sgromo v. Leonard Scott ( Fed. See, Gunn v.

Ownership 70

Ownership Patent Law Invention Licensing 70

LexBlog IP

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.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. Copyright I asked DALL-E to make some logos for me for use in this post.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

FEBRUARY 17, 2023

For example, the USPTO asks some questions regarding the current state of the law. 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?”

Inventor 52

Inventor Invention Patent Application Ownership 52

Patently-O

JANUARY 19, 2024

Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

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Inventor Ownership Contracts Intellectual Property 67

Patently-O

FEBRUARY 13, 2023

Then came the patenting. 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. 3d 659 (Fed.

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Inventor Ownership Invention Patent 73

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.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

The IP Law Blog

MARCH 30, 2023

The goal was to provide better access to the patent system for a number of potential participants, such as individual inventors, small businesses, and underrepresented innovators. The UAIA was signed into law on December 29, 2022, and included in the U.S. government’s spending package, the Consolidated Appropriations Act , for 2023.

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Business Inventor Patent Licensing 98

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

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? The US, the European Patent Office, and Australia all have considered this question. DABUS made inventions. 7 provides: "Right to apply for and obtain a patent. (1)

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Inventor Invention Intellectual Property Patent 93

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.

Inventor 52

Inventor Moral Rights Patent Invention 52

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

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.

Inventor 52

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

Inventor 52

Inventor Invention Art Patent 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).

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. Introduction. Government Regulation No.

Non-Fungible Tokens 85

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 85

IIPRD

JANUARY 24, 2023

Software being a Grey area can be provided protection under two heads, while trade secrets plays a major role in protection of innovation including patent. A robust and substantive IP portfolio does not only protect inventions but, also demonstrates the strength of the innovative business models of companies.

IP 52

IP Invention Intellectual Property Due Diligence 52

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.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

LexBlog IP

APRIL 28, 2023

Copyright law protects original works of authorship, including literary works like blog articles. Currently, US law does not allow for copyright protection on works created solely by AI. Patent law has about a year’s head start on this issue, but the decisions have not been pro-AI. Vidal , 43 F.4th 4th 1207 (Fed.

Content Creation 52

Content Creation Plagiarism Blogging Ownership 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. Inventorship in the US is a critical component of patent ownership. Inventorship. Practice tip.

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Patent Prosecution Invention Inventor Patent 75

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. by Dennis Crouch. Venture (Fed.

Invention 82

Invention Contracts Licensing Inventor 82

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.

Ownership 81

Ownership Privacy Public Domain Copyright 81

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).

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

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

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. Thematic Highlight. Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

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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.

Patent 52

Patent Confidentiality Invention Government 52

More Than Your Mark

NOVEMBER 30, 2018

Unlike in the case of trademarks, patentability of cannabis-related products and processes is much more clear-cut. The USPTO routinely grants utility patents to cannabis and cannabis-related inventions, and has done so for decades. Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.”

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Patent Invention Patent Infringement Blogging 52