The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. PATENT SEARCH TOOLS. Google Patents. Attorney Consultations. Link: [link].

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Inventor Intellectual Property Invention Patent Application 52

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Patent Application Patent Invention Inventor 52

Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor.

Inventor 52

Inventor Invention Patent Application Designs 52

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

Inventor 52

Inventor Invention Patent Application Patent 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. Thaler and DABUS embarked on their journey for AI patent ownership.

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Invention Ownership Intellectual Property Inventor 111

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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Patent Application Patent Invention Inventor 52

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. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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Patent Inventor Invention Intellectual Property 92

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Max-Planck-Gesellschaft case, which held that a state could not be an inventor, and the Beech Aircraft Corp.

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Inventor Patent Application Invention Intellectual Property 105

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Application Invention Inventor Technology 52

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

LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 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.

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Designs Design Trademark Copyright 52

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 127

Patent Trademark Blog

AUGUST 24, 2023

If you find that your US patent practitioner is lacking in the areas discussed below, then it might make sense to consider a change. Looking for a new US patent attorney to take over your pending patent application? How prompt is your US patent agent or attorney? Did your US patent practitioner drop a deadline?

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Law IP Patent Application Patent 52

Canadian Intellectual Property Blog

NOVEMBER 23, 2020

The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #5: Even if my invention is in an early stage of development, I can still file a “quick and dirty” U.S. provisional application A U.S. Despite the fact that the formality requirements for U.S.

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Patent Application Patent Inventor Invention 52

Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in Patent Law, 74 Vand. & Trademark Off. 521 (2021).

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Art Invention Patent Application Publishing 109

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications.

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Design Patent Designs Design Patent Application 40

IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

Invention 105

Invention Patent Intellectual Property Inventor 105

LexBlog IP

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Max-Planck-Gesellschaft case, which held that a state could not be an inventor, and the Beech Aircraft Corp.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent. Solvay S.A.

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Patent Application Patent Invention Inventor 52

LexBlog IP

SEPTEMBER 30, 2021

While all three judges on the Court of Appeal agreed that an ‘inventor’ under the UK law must be a human being, the fact that DABUS is a machine was not immediately determinative of the outcome. In the event, the answer to this question turned on whether or not the applicant (i.e. PDF 998kB] ).

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Inventor Patent Law Patent Application Invention 52

LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. The post Can You Patent Your Idea?

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Patent Invention Patent Application Public Use 40

Patent Trademark Blog

JUNE 1, 2022

Are there any issues with your inventor declarations or assignments? Is the US patent law firm familiar with PCT nuances? What is the difference between theory and reality in US patent law practice? Do you need to expedite your US patent application? I would argue experience.

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Inventor Art Patent Law Patent Application 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. Compulsory application for protection in Spain. Many scenarios may arise.

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Invention Inventor Patent Application Due Diligence 52

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. India-EFTA and Patent rules : How it hurts Section 8. Article 13.2

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Patent Patent Application Intellectual Property Law 72

The IPKat

AUGUST 29, 2021

Over on FOSS Patents, Florian Mueller commented on the new German patent law, questioning its ability to make a real difference to issues such as the so-called injunction gap, and reported on the newest patent division of the Munich I Regional Court starting operations.

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Blogging IP Intellectual Property Editing 67

LexBlog IP

MAY 12, 2023

Court of Appeals for the Federal Circuit recently determined that only humans can be named as inventors on a patent. Patent and Trademark Office is currently seeking public comments on AI inventorship. There is potential for near-term evolution in this area of patent law. Vidal , 43 F.4th 2022), cert.

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IP Invention Intellectual Property Inventor 40

Patent Trademark Blog

DECEMBER 8, 2021

Are there any patent grace periods that might give inventors more time to file? Grace periods are generally applicable to the pre-filing activities of inventors and others connected to the inventors (e.g., third parties who divulged information taken from the inventors). And how late is too late?

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Inventor Patent Invention Patent Application 40

Patent Trademark Blog

MAY 26, 2021

The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines. Is the unique design combined with other features or structures that are not invented by the inventor(s)?

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Design Patent Designs Design Patent 60

Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

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Patent Intellectual Property Invention Ownership 105

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

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Patent Drafting Patent Invention Inventor 52

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

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Patent Application Patent Invention Patent Prosecution 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors. Practice tip.

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Patent Prosecution Invention Inventor Patent 75

LexBlog IP

APRIL 10, 2023

This is because most of the relevant intellectual property laws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States. Intellectual property attorneys can file these applications from anywhere.

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Intellectual Property Intellectual Property Law Registration Trademark 52

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. Copyright Protection for Source Code.

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Intellectual Property Patent Application Invention Branding 52