The IPKat

DECEMBER 13, 2021

There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor. more likely not.

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Inventor Invention Ownership Intellectual Property Law 135

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.

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Patent Application Inventor Patent Invention 62

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. Hilty, and Peter R. Slowinski expound on the evolving case-law in this subject area. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). Thereafter, the Laboratory engaged Oxford University Innovation, the technology transfer office wholly owned by the University, to obtain patent protection for the Nanoimager.

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Inventor IP Contracts Invention 98

IAM Magazine

JULY 20, 2022

IP transactions face difficulties when inventor employees leave a company, raising questions as to whether their inventions are owned by the company. Often, the type of employee and the jurisdiction in question are key factors.

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Ownership Inventor Invention IP 75

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

Patently-O

AUGUST 29, 2023

The case offers a few key takeaways for entrepreneurs delving into the patent system. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process. Medtronic, Inc. ,

Inventor 62

Inventor Patent Application Business Ownership 62

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Usually, the patent stands valid for 20 years from the date of application. Why should I patent my invention?

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Invention Patent Inventor Intellectual Property 105

LexBlog IP

NOVEMBER 9, 2023

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. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

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. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 52

LexBlog IP

FEBRUARY 17, 2023

2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. 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.

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Inventor Invention Patent Application Ownership 52

IPilogue

JUNE 2, 2022

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. This signals a shift in Canadian attitudes towards AI ownership of their work.

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Invention Ownership Intellectual Property Inventor 111

IPilogue

JANUARY 14, 2022

Student researchers are needed to assist in the preparation of arguments for the ground-breaking DABUS AI patent application in Canada. Stephen Thaler have garnered worldwide attention when patent applications naming DABUS as the sole inventor were filed in several national patent offices.

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Patent Application IP Patent Ownership 81

Patent Trademark Blog

APRIL 22, 2022

Should you own your patent as an individual or under your company? Startups frequently ask whether their patent should be owned by the company or the individual inventors. Why assign the patent to your company? That is why a patent application would never identify a company only. I’m not a tax attorney.

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Ownership Inventor Patent Licensing 52

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.

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Ownership Inventor Invention Intellectual Property 52

IPilogue

JULY 29, 2022

This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. But what are the legal underpinnings that tie Halsey’s (and other artists’) ownership and control of their music? The short answer, as usual in law, is that it depends.

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Music Marketing Marketing Ownership 119

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.

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Business Inventor Patent Licensing 98

Sander Law

OCTOBER 5, 2020

IP Assignments. An IP Assignment is a document that transfers IP rights from one party to another. The IP rights may be for example a Patent or Trademark Registration, but pending rights can also be transferred like a patent or trademark application. When would you use an IP Assignment?

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IP Ownership Inventor Contracts 59

Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights.

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IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. 2019363177 did not comply with reg 3.2C(2)(aa) 2019363177 did not comply with reg 3.2C(2)(aa)

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Inventor Invention Ownership Patent Application 130

IPilogue

APRIL 1, 2022

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. Where do Canadians Patent? Implications for Canada’s Patent Regime.

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IP Intellectual Property Inventor Ownership 73

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue.

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IP Copyright Infringement Inventor Intellectual Property 106

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

IAM Magazine

JULY 20, 2022

IP transactions face difficulties when inventor employees leave a company, raising questions as to whether their inventions are owned by the company. Often, the type of employee and the jurisdiction in question are key factors.

Ownership 40

Ownership Inventor Invention IP 40

IPilogue

NOVEMBER 3, 2022

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. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

The IPKat

FEBRUARY 16, 2024

This review is kindly provided by Thorsten Lauterbach, Teaching Excellence Fellow at the Robert Gordon University in Aberdeen, passionate about IP Law since he studied it as an undergraduate in the mid-1990s at Abertay Dundee. He demonstrates that all IP teachers may achieve this by using aspects of their personal interests.

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Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 113

LexBlog IP

FEBRUARY 18, 2024

Patents are so important to your success! As an inventor, there’s nothing more thrilling than having a big corporation take interest in your idea. This is where patenting becomes essential. WHY PATENT AN INVENTION? One of the biggest advantages of patenting is its ability to deter potential infringers.

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Settlement Invention Patent Social Media 52

IP and Legal Filings

JUNE 16, 2021

With IP forming a major role in the company wealth generation, the company must ensure that such IP issues are met perfectly so that the company can have maximum output and wealth generation. Enforcing your IP. The IP is recognized in different forms under each jurisdiction. Image Source: gettyimages].

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IP Ownership Registration Licensing 81

LexBlog IP

MARCH 7, 2022

The appointment of an expanded panel (three judges is usual), including the Chief Justice, is notable, and suggests that the court considers the question of whether a machine can be an inventor for the purposes of the Patents Act 1990 to be one of particular legal importance. He will need at least one of these to survive the appeal.

Inventor 52

Inventor Patent Application Intellectual Property Invention 52

IP Tech Blog

JUNE 18, 2021

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents.

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Inventor Patent Patent Prosecution Confidentiality 98

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. can significantly complicate the coordination of a global patent strategy.

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Patent Prosecution Invention Inventor Patent 75

IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

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Inventor Moral Rights Patent Invention 52

LexBlog IP

SEPTEMBER 6, 2021

South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. South African issued Patent No. Commissioner of Patents , VID 108 of 2021, that the same AI invention qualified for patent protection). The EU and the U.S., of Utah v. .”

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Inventor Invention Patent Law Ownership 40

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? § 1.27

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Patent Application Inventor Patent Ownership 52

Patently-O

NOVEMBER 1, 2023

by Dennis Crouch The White House this week issued a new executive order focusing on a variety of aspects of regulating artificial intelligence, some of which focuses on IP issues. It calls for the USPTO Director to issue updated guidance on patent eligibility for AI and emerging technologies.

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Intellectual Property Privacy Government Confidentiality 132

Patently-O

APRIL 13, 2022

Ryan Abbott has gathered an amazing group of scholars for his new book on AI and IP that is forthcoming later this year. Yes, a corporation may own or license an invention and its resulting patents. And in fact, most patents are owned by non-human persons. Abbott, ed.). I would love to get your suggestions and feedback.

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Invention Intellectual Property Inventor Ownership 111

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.

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Invention Ownership Patent Intellectual Property 59