Patently-O

AUGUST 26, 2022

The basis for the argument was that the application that led to the patent-in-suit had been filed while Afana had been married (to Kassam) and, by operation of Texas’ community property law, Kassam had an ownership interest in the issued patent that had not been assigned to Mobile Equity and had not been joined as a co-plaintiff.

Ownership 54

Ownership Inventor Patent Due Diligence 54

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application?

Patent Application 52

Patent Application Inventor Patent Ownership 52

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

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? Failing to comply would result in the application being considered withdrawn.

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Inventor Patent Law Invention Law 94

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.

Inventor 117

Inventor Invention Patent Application Designs 117

IP Watchdog

AUGUST 2, 2021

The Honorable Justice Beach, in a very thorough judgment, set aside the decision of the Deputy Commissioner of Patents that patent application no. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

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Inventor Invention Ownership Patent Application 130

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IP Intelligence

NOVEMBER 14, 2023

late February), the Director is required to publish guidance for patent examiners and applicants regarding inventorship when AI is employed in the inventive process. [3] And if so, how will ownership be attributed? Within 120 days of the EO (i.e., Separately, within 270 days of the EO (i.e., 1] [link]. [2] at Sec 5.2(c).

Invention 64

Invention Patent Application Ownership Inventor 64

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. The benefits of patenting are manifold.

Patent 52

Patent Intellectual Property Ownership Invention 52

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

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

Patently-O

JULY 22, 2022

In particular, the agreement required disclosure and assignment of “any ideas, conceptions, inventions, or plans relating to sleep, mattresses, bedding, sleep monitoring, health or wellness as it relates to sleep (including biometric monitoring relating to sleep), or bedroom or sleep technologies.” May 11, 2022).

Patent Prosecution 78

Patent Prosecution Patent Invention Patent Application 78

Patently-O

MAY 15, 2024

” 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. Soon thereafter, the “Oldfield Bill” proposed a number of limitations on patent rights.

Patent Law 91

Patent Law Patent Law Invention 91

Larson & Larson

JANUARY 10, 2021

Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system.

Patent Application 52

Patent Application Invention Art Ownership 52

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

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. Stephen Thaler also has related pending patent applications in multiple other jurisdictions.

Inventor 52

Inventor Patent Application Invention Ownership 52

LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The nations in which the Contractor seeks to file the patent application. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

LexBlog IP

FEBRUARY 17, 2023

More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor. ” And, “[d]o inventions in which an AI system contributed at the same level as a joint inventor raise any significant ownership issues?“

Inventor 52

Inventor Invention Patent Application Ownership 52

Patent Trademark Blog

MAY 24, 2022

Suppose you are planning to file a utility patent application , such as a provisional or nonprovisional. Since the patent application has not yet been filed, it would be in your best interest to maintain the position that the invention has not yet been publicly disclosed. You now want to file a patent application.

Trademark 52

Trademark IP Patent Patent Application 52

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

Intellectual Property 119

Intellectual Property Due Diligence Public Domain Government 119

Patent Trademark Blog

APRIL 22, 2022

Why assign the patent to your company? A US patent application must identify each individual inventor who contributed to the claimed invention whether or not they have ownership rights. That is why a patent application would never identify a company only.

Ownership 52

Ownership Inventor Patent Licensing 52

Intepat

APRIL 4, 2022

Will it affect the patentability of the invention? It is time to think if our ideas are patentable if we share them in the public domain. The Intellectual Property Office grants patents to encourage new technology, development, and scientific research. The patent office can also reject the idea if it is too obvious.

Public Domain 97

Public Domain Social Media Patent Invention 97

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.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. Keep in mind; our patent system is a first-to-file patent system – meaning, it will generally only award patent rights to the first patent applicant.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

IP Tech Blog

MARCH 15, 2022

Once commerce resumes between Russia and the affected countries, foreign owners of Russian patents should have documentation readily available to demonstrate such commercial activity in the hope that Russia authorizes retroactive compulsory licensing payments. underlining added).

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

Kashishipr

DECEMBER 8, 2021

To seek Patent Protection on it is not possible per se since the element of the inventive step is absent, which is of the three essential pillars on which a patented invention is found (inventive step, industrial use, and novelty). However, a modified form of life may be considered a patentable subject matter.

Patent 105

Patent Intellectual Property Invention Ownership 105

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 110

Invention Inventor Patent Law 110

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Inventorship. Practice tip. sufficiently clear and complete that a skilled person can carry it out).

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IP Intelligence

MAY 9, 2023

Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor. In HIP, Inc. at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 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 In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

Business 98

Business Inventor Patent Licensing 98

LexBlog IP

MARCH 15, 2022

Once commerce resumes between Russia and the affected countries, foreign owners of Russian patents should have documentation readily available to demonstrate such commercial activity in the hope that Russia authorizes retroactive compulsory licensing payments. ” (underlining added).

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

Patently-O

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. The policy goal is to prevent unjustified timewise extension of exclusive patent rights.

Patent 51

Patent Patent Application Art Ownership 51

LexBlog IP

MAY 9, 2023

Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor. In HIP, Inc. at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 52

IPilogue

NOVEMBER 1, 2021

They identify some of the assumptions made by the Federal Court of Australia regarding the technical capabilities of AI systems and question the potential consequences of attributing ownership rights to non-human entities in the absence of a more comprehensive analysis. Third, nothing in the Act dictates the contrary conclusion.”.

Inventor 111

Inventor Patent Invention Intellectual Property 111

LexBlog IP

MAY 11, 2023

Rothschild is likely better described as someone who is capable of slipping a patent application by the Patent Office in very broad terms, then asserting it against technology that is completely different than the invention in the patent. Take the drink mixer invention above.

Patent Troll 52

Patent Troll Invention Inventor IP 52

LexBlog IP

MARCH 25, 2022

And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

Patent 52

Patent Inventor Invention Patent Application 52