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

JD Supra Law

DECEMBER 11, 2023

By: Linda Liu & Partners

Invention 70

Invention Patent Application Ownership Patent 70

Patently-O

APRIL 13, 2022

Yes, a corporation may own or license an invention and its resulting patents. And in fact, most patents are owned by non-human persons. 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. Read mine here ].

Invention 111

Invention Intellectual Property Inventor Ownership 111

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

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.

Inventor 106

Inventor Patent Law Law Patent 106

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.

Intellectual Property Law 108

Intellectual Property Law Law Intellectual Property Ownership 108

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.

Invention 52

Invention Ownership Business Law 52

IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. These rights have the sole purpose and that it so protects and confer the creation or an invention specific to a certain period.

Ownership 69

Ownership Copyright Trademark Contracts 69

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

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

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

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

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

Intellectual Property Law Blog

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . 35 U.S.C. §

Licensing 130

Licensing Invention Government Inventor 130

IP Law 360

FEBRUARY 27, 2024

While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey (..)

Intellectual Property 59

Intellectual Property Ownership Patent Invention 59

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. 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. It helps in better valuation.

Intellectual Property 96

Intellectual Property Technology Licensing Invention 96

IP Intelligence

MAY 10, 2021

10X) patent claims and, moreover, that 10X practiced the patent claims satisfying the requirement of a domestic industry. 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.

Ownership 52

Ownership Inventor Invention Intellectual Property 52

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.

Ownership 98

Ownership Copyright Public Domain Registration 98

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

Reporting 140

Reporting Patent Law Law Patent 140

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. 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 52

Patent Application Inventor Patent Invention 52

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

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. However, a modified form of life may be considered a patentable subject matter. Whether or not Patents over Life Forms should be Granted?

Patent 105

Patent Intellectual Property Invention Ownership 105

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. patents and patent applications. Vidal , 43 F.4th

Inventor 117

Inventor Invention Patent Application Designs 117

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

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

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.

Inventor 135

Inventor Invention Ownership Intellectual Property Law 135

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 98

Business Inventor Patent Licensing 98

The IPKat

DECEMBER 20, 2023

Issue 2 is whether Dr Thaler was nevertheless the owner of any invention in any technical advance made by DABUS and entitled to apply for and obtain a patent in respect of it.

Inventor 86

Inventor Patent Ownership Reporting 86

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 125

Invention Intellectual Property Registration Copyright 125

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.

Inventor 111

Inventor Patent Invention Intellectual Property 111

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

Intellectual Property Law Blog

DECEMBER 14, 2023

Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,827,549 (the “’549 patent”) and its parent, U.S.

Invention 130

Invention Patent Prosecution Ownership Inventor 130

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.

Inventor 110

Inventor Invention Art Patent 110

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., The Office has answered that question with a resounding “maybe.”

Ownership 64

Ownership Copyright Registration Public Domain 64

Intellectual Property Law Blog

JANUARY 22, 2024

Patent Nos. 7,523,373 (the “’373 patent”) and U.S. 7,725,759 (the “’759 patent”). billion for literal infringement of the ’373 patent and an additional $675 million for infringement of the ’759 patent under the doctrine of equivalents. Intel argued that due to a recent change in ownership of Finjan, Inc.,

Licensing 147

Licensing Patent Law Ownership 147

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

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

Trademark 40

Trademark Patent Invention Intellectual Property 40