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

DECEMBER 13, 2021

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. Setting aside issues of statutory interpretation, Abbott’s proposal (and hence the Thaler litigation) rests on two prongs, both deeply flawed. seahorses).

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Inventor Invention Ownership Intellectual Property Law 135

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

IPilogue

SEPTEMBER 3, 2021

Under patent law, it is the general expectation that inventors are humans, not robots. Dr. Stephen Thaler created DABUS (‘Device for the Autonomous Bootstrapping of Unified Sentience’), an artificial neural system, and claimed that DABUS was the sole inventor of the patentable invention. Why is this an issue? Patent Law in Canada.

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Inventor Patent Law Law Patent 106

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

Patently-O

APRIL 18, 2023

The basic underlying question has to do with whether an NDA or other agreement can effectively limit an inventor’s ability to pursue patent protection — even in circumstances where the inventor has not transferred patent rights. Take the 1-question survey on LinkedIn.

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Ownership Inventor Patent 68

Patently-O

AUGUST 26, 2022

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. Walmart (Case No.

Ownership 55

Ownership Inventor Patent Due Diligence 55

The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. This Kat will not reiterate her previous thoughts on Dr Thaler's AI inventor crusade ( IPKat ).

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Inventor Invention Law Ownership 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 62

Patently-O

AUGUST 12, 2021

The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. . In the end, the district court dismissed the case — finding insufficient evidence of ownership. 36 judgment without opinion.

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Ownership Patent Inventor Design Patent 77

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. found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents.

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Inventor Patent Invention Intellectual Property 111

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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Inventor Invention Art Patent 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

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 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

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

IP Watchdog

JANUARY 11, 2022

patent recipients and active patent family owners, providing the IP world with a look at the patent ownership landscape that developed throughout the course of 2021. Today, patent data analytics firm IFI CLAIMS released its annual report of the top U.S.

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Ownership Patent Technology Reporting 120

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. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 111

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 59

Patently-O

AUGUST 29, 2023

Key Takeaways for Inventors and Startups 1. The outcome here is a classic corporate defense strategy — the defense used the complex corporate structure and ownership changes to ultimately defeated of the claims. That was a problem because Texas has a 3-year limitation on actions following dissolution of a corporation.

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Inventor Patent Application Business Ownership 63

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

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.

Ownership 40

Ownership Inventor Contracts Patent 40

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

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. 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 131

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

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 court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 62

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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Ownership Inventor 98

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

The IPKat

JANUARY 27, 2023

Though this part of the judgement was heavily focused on contract law, some significant points regarding student inventors were determined. Claiming ownership of all intellectual property devised made or created by student members “in the course of or incidentally to their studies” would be considered an overbroad term. But unfair?

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Inventor IP Contracts Invention 98

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. Vidal , 43 F.4th

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Inventor Invention Patent Application Designs 119

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. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

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Invention Inventor IP Ownership 122

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

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

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

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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