Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 57

Invention Art Patent Designs 57

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Patent Appl.

Inventor 96

Inventor Invention Patent Patent Application 96

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

Inventor 52

Inventor Invention Patent Designs 52

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

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

IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions.

Invention 62

Invention Patent Law Patent Trademark 62

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake?

Invention 127

Invention Patent Inventor Intellectual Property 127

IP Law 360

APRIL 28, 2022

Patent law is about striking a balance, and the Restoring America Invents Act goes too far in the wrong direction, making it likely to weaken the rights of inventors and drive small companies out of business, say Russell Slifer at Schwegman Lundberg and Dana Colarulli at ACG Advocacy — both U.S. Patent and Trademark alums.

Invention 40

Invention Inventor Patent Law Business 40

LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. Ryan Phelan is a registered U.S.

Invention 52

Invention Patent Intellectual Property IP 52

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. What is an invention made in Spain? In this regard, article 115.1 of the LP).

Invention 52

Invention Inventor Patent Application Due Diligence 52

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. But there are exceptions and exclusions under patent law.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

Design Patent 52

Design Patent Designs Design Patent Law 52

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Patent Appl.

Inventor 52

Inventor Invention Patent Application Patent 52

IP Law 360

JUNE 14, 2022

Patent and Trademark Office Director Kathi Vidal said Tuesday that it's time to consider the next big changes in patent law after the America Invents Act, while also pushing smaller agency changes through as soon as possible.

Invention 96

Invention Patent Law Trademark Law 96

SpicyIP

JANUARY 30, 2024

As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?;

False Advertising 116

False Advertising Social Media Inventor Advertising 116

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

Journalism 54

Journalism Trademark Patent Patent Law 54

SpicyIP

MAY 14, 2022

Shamnad Basheer’s 46th birth anniversary today, we at SpicyIP are proud to announce the third edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. The response to the competition was overwhelming in the previous years and we’ve received entries from law students across India on an impressive range of topics.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Prior Patently-O Patent L.J. Below they summarize their findings.

Art 125

Art Journalism Patent Law Invention 125

The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C.

Law 109

Law Patent Invention Intellectual Property 109

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No. Trademarks.

Intellectual Property 52

Intellectual Property Law Business Designs 52

IP Watchdog

FEBRUARY 19, 2023

Patent and Trademark Office’s (USPTO’s) announcement early last week that it is requesting public comments on artificial intelligence (AI) and inventorship indicates that changes may eventually be implemented with respect to how the Office considers inventions created, or partially created, by AI machines.

Invention 52

Invention Patent Patent Law Trademark 52

43(B)log

FEBRUARY 3, 2024

At the Trademark Office [I feel like there’s a Panic! Case study of George Nelson’s bubble lamp (mid-century modern design), how TM law creates new design rights. Should separate the law from the marketing. Thinking about what design patent is or could be doing now. Rachael Dickson, Administrative Discrimination?

Designs 59

Designs Design Law Design Patent 59

Patently-O

APRIL 24, 2023

Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance.

Inventor 87

Inventor Patent Invention Patent Application 87

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Prior Patently-O Patent L.J. Below they summarize their findings.

Journalism 104

Journalism Art Patent Law Invention 104

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can provide for patent rights?

Patent 92

Patent Inventor Invention Intellectual Property 92

IPilogue

SEPTEMBER 24, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . But while AI is creating new opportunities and innovations, the law has yet to catch up.

Inventor 129

Inventor Invention Patent Law 129

Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

Patent Application 98

Patent Application Patent Art Invention 98

IPilogue

SEPTEMBER 14, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. In the case of Benjamin Moore & Co. In step 2, the prohibitions in s.

Invention 105

Invention Patent Intellectual Property Inventor 105

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Trademark?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Patently-O

APRIL 30, 2024

That claim requires too much follow-on research work and so does not sufficiently disclose the invention. Still, those will likely be unrecognized for their worth until some later date when a human truly invents but is blocked from patenting. & Trademark Off. 521 (2021). 224, 239 (2019).

Art 109

Art Invention Patent Application Publishing 109

LexBlog IP

NOVEMBER 8, 2022

Supreme Court recently granted certiorari for two intellectual property cases—one relating to patents and another for trademarks. Patent Case. Relevant to patent law, the Supreme Court granted certiorari to decide the issue of enablement for patents with so-called “genus claims.”

IP 52

IP Invention Intellectual Property Trademark 52

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. Alice Corp.

Patent 98

Patent Invention Patent Application Intellectual Property 98

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

MAY 28, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 3 posts, 4 case summaries, and other IP developments that took place last week. Other Posts Trademark musings to beat the Monday Blues!

Invention 98

Invention Trademark Copyright IP 98

The IPKat

JULY 22, 2022

The proposed Design Law Treaty (DLT) The Treaty aims to streamline the international system for protecting designs, making it easier, faster, and cheaper by accelerating the procedures and eliminating red tape. This is referred to as a proposed new ‘patent disclosure requirement’.

Designs 117

Designs Design Intellectual Property Licensing 117

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52