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.

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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. 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.

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Inventor Invention Ownership Intellectual Property Law 135

Patently-O

AUGUST 26, 2022

By David Hricik, Mercer Law School. 2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing.

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Ownership Inventor Patent Due Diligence 56

IP Law 360

JUNE 6, 2023

A Florida federal judge declined to wade into a dispute over the ownership of a company created by self-professed bitcoin inventor Craig Wright and a deceased computer forensics expert, instead saying the court's role is to merely help the company collect a $143 million judgment against Wright.

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The IPKat

DECEMBER 20, 2023

The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The Supreme Court held that the inventor within the meaning of the 1977 Act must be a natural person, and the AI machine DABUS is not a person let alone a natural person ([54] – [65]).

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Inventor Patent Ownership Reporting 86

JD Supra Law

JUNE 14, 2023

Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s collaborative environments and complex inventions, knowing which names to include continues to be a challenge that inventors, intellectual property owners, and patent practitioners must address with every application.

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Inventor Intellectual Property Ownership Invention 55

The IPKat

FEBRUARY 16, 2024

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.

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Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 113

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. . In their position statement entitled “Artificial Intelligence Systems as Inventors?” , Dr. Daria Kim, Dr. Josef Drexl, Dr. Reto M. Hilty, and Peter R. Firstly, Kim et al.

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Inventor Patent Invention Intellectual Property 111

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

IIPRD

JUNE 13, 2024

Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant.

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Intellectual Property Inventor Invention Trademark 59

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.

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Invention Ownership Intellectual Property Inventor 111

GDB Firm Blog

OCTOBER 26, 2021

This blog post will briefly explain how patent ownership works under US patent law, so inventors, managers, and other non-experts can better understand this important topic when working with a patent attorney. The issue of who actually owns a patent or pending patent application is obviously very important.

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Ownership Inventor Patent Patent Application 52

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

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IP Intelligence

MAY 10, 2021

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. On review, the Commission agreed with the ALJ.

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Ownership Inventor Invention Intellectual Property 52

JD Supra Law

APRIL 5, 2024

The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. By: Akin Gump Strauss Hauer & Feld LLP

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Art Ownership Inventor Patent 61

Patently-O

AUGUST 29, 2023

The Harris County Texas appellate court recently affirmed summary judgment favoring the Hunton Andrews Kurth law firm and its attorneys. Key Takeaways for Inventors and Startups 1. W2W lacked standing to sue because it had been terminated as an entity outside the 3-year winding up period permitted under Texas law. –Hous.

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Inventor Patent Application Business Ownership 64

IAM Magazine

FEBRUARY 9, 2022

Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent. Such ambiguity means that contracts between parties are crucial to regulating patent ownership.

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Ownership Inventor Contracts Patent 40

IAM Magazine

FEBRUARY 9, 2022

Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent. Such ambiguity means that contracts between parties are crucial to regulating patent ownership.

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Ownership Inventor Contracts Patent 40

IP Law 360

MARCH 20, 2023

Cryptocurrency exchange Coinbase has fired back at a copyright infringement claim from self-proclaimed bitcoin inventor Craig Wright, alleging that he cannot claim ownership of intellectual property rights related to bitcoin because it does not believe he is the true creator.

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Inventor Intellectual Property Ownership Copyright Infringement 40

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. The post UK Supreme Court rules on AI and Patent Applications appeared first on Global IP & Technology Law Blog.

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Patent Application Inventor Patent Invention 62

JD Supra Law

FEBRUARY 3, 2022

Lundbeck v Canada (Commissioner of Patents), 2021 FC 1394, the Court granted an application to amend a patent record to remove inventors and a co-owner. A Notice of Allegation (NOA) in respect of the patent was served after the application record was filed.

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Inventor Ownership Patent 52

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.

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Music Marketing Marketing Ownership 119

Patently-O

FEBRUARY 12, 2024

” A human who provides a significant contribution may be the sole inventor and original owner, even in situations where the AI provided the greater contribution. No AI Inventors Allowed First, the notice recognizes and follows existing case law that only natural persons can be listed as inventors on U.S.

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Inventor Invention Patent Application Designs 120

The IPKat

JANUARY 27, 2023

39 of the Patents Act 1977 applied such that the patent belonged to the University by operation of law. As such, they are employees, not consumers, and employment law would protect them. Also, DPhils are not protected by employment law, unlike post-doctoral researchers. Oxford responded that s.39 But unfair?

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Inventor IP Contracts Invention 98

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. ” The new majority opinion authored by Justice John Hessin Clarke emphasized that “the primary purpose of our patent laws is not the creation of private fortunes for the owners of patents, but is ‘to promote the progress of science and useful arts.'”

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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.

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Inventor Patent Application Intellectual Property 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.

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Invention Inventor IP Ownership 122

LexBlog IP

SEPTEMBER 6, 2021

South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. however, are still insisting on a human inventor — or in terms of Wonka’s definition, some “perspiration.” The Court relied upon the statutory definition of inventor in 35 U.S.C.100(f):

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Inventor Invention Ownership Patent Law 40

JD Supra Law

APRIL 15, 2024

Distinguishing Between Inventor and Contributor; Navigating Joint Inventorship, Disclosure of Ownership, Real Party in Interest - A live 90-minute premium CLE video webinar with interactive Q&A - This CLE course will guide patent counsel in identifying and determining inventorship and offer best practices for correcting errors regarding inventorship. (..)

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Ownership Inventor Patent 58

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The values at issue in this lawsuit speak to the current flaws of patent laws around the world, and the lawsuit’s impacts will be especially prominent as it relates to the COVID-19 vaccine that has saved almost 20 million lives in just one year.

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Patent Infringement Law Patent Ownership 116

JD Supra Law

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. By: BakerHostetler

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The IP Law Blog

MARCH 30, 2023

However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. The UAIA was signed into law on December 29, 2022, and included in the U.S. Senate proposed the Unleashing American Innovators Act (UAIA) in September 2021.

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Business Inventor Patent Licensing 98

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

Intellectual Property Law Blog

FEBRUARY 28, 2024

Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. In October 1996, the provisional application to which the ’094 patent claims priority was filed and the two inventors of the ’094 patent assigned their rights in the invention to USF.

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SpicyIP

JANUARY 31, 2024

Bar and Bench ( paywalled ) reported that the case is not only concerned with the use of the above image but also the tagline “Inventors of Butter Chicken and Dal Makhani.” For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan.

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Inventor Ownership Reporting Registration 64

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.

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Invention Inventor Ownership Patent 52