JD Supra Law

OCTOBER 6, 2021

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v. Hirshfeld on appeal from the U.S.

Inventor 93

Inventor Patent Application Patent Law Trademark 93

JIPEL Copyright Blog

NOVEMBER 12, 2021

As a result, patent offices and courts all over the world must now consider whether AI can be a patent inventor. Both the United States Patent and Trademark Office (USPTO) and U.S. federal courts have found that AI generated inventions are not patentable. Constitution and modern patent law provisions.

Inventor 45

Inventor Patent Invention Patent Law 45

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].

Inventor 52

Inventor Intellectual Property Invention Patent Application 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

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. BACKGROUND.

Inventor 52

Inventor Invention Patent Application Designs 52

SpicyIP

JANUARY 30, 2024

Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?; According to Indian Express , the dispute concerns trademark rights over the dish. They claim to be the ‘true and first inventors’. Do restaurant layouts function as ‘trademarks’?

False Advertising 116

False Advertising Social Media Inventor Advertising 116

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.

Invention 111

Invention Ownership Intellectual Property Inventor 111

SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B.

Invention 59

Invention Inventor Patent Registration 59

SpicyIP

JANUARY 31, 2024

Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. While the “misleading the public” claim hints at perhaps a trademark infringement and/or passing off claim, the order doesn’t clarify what rights are allegedly infringed. Now What? .”

Inventor 64

Inventor Ownership Reporting Registration 64

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.

Designs 52

Designs Design Trademark Copyright 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.

Patent 92

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.

Inventor 105

Inventor Patent Application Invention Intellectual Property 105

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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.

Business 98

Business Inventor Patent Licensing 98

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. But there are exceptions and exclusions under patent law.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Trademark? Trademarks protect symbols and identifiers. What Is a Copyright?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . Products that derive from the human intellect that the law protects from unauthorized use are defined as intellectual property. Code covers patent law. .

Intellectual Property 52

Intellectual Property Inventor Art Music 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.

Invention 127

Invention Patent Inventor Intellectual Property 127

IP Law 360

APRIL 28, 2022

Patent law is about striking a balance, and the Restoring America Invents Act goes too far in the wrong direction, making it likely to weaken the rights of inventors and drive small companies out of business, say Russell Slifer at Schwegman Lundberg and Dana Colarulli at ACG Advocacy — both U.S. Patent and Trademark alums.

Invention 40

Invention Inventor Patent Law Business 40

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. Arnold LJ is the preeminent patent law specialist on the Court of Appeal. PDF 998kB] ).

Inventor 52

Inventor Patent Law Patent Application Invention 52

IPilogue

AUGUST 18, 2021

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Performing trademark searches.

IP 106

IP Patent Prosecution Intellectual Property Inventor 106

Patent Trademark Blog

JANUARY 29, 2024

The best time to file a patent application is before you show your invention to the public or make any sales. Need to file a patent application before making a public disclosure? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. Let’s explore why.

Patent Application 52

Patent Application Patent Invention Inventor 52

LexBlog IP

OCTOBER 12, 2023

Under the Invention Secrecy Act of 1951, federal law prevents the disclosure of new technologies and inventions that may present a national security threat to the United States. Under this act, the Commissioner of the United States Patent and Trademark Office (USPTO) has the authority to highlight patent applications for scrutiny by U.S.

Patent Application 52

Patent Application Invention Inventor Technology 52

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

LexBlog IP

OCTOBER 24, 2023

Under the Invention Secrecy Act of 1951, federal law prevents the disclosure of new technologies and inventions that may present a national security threat to the United States. Under this act, the Commissioner of the United States Patent and Trademark Office (USPTO) has the authority to highlight patent applications for scrutiny by U.S.

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

Under the Invention Secrecy Act of 1951, federal law prevents the disclosure of new technologies and inventions that may present a national security threat to the United States. Under this act, the Commissioner of the United States Patent and Trademark Office (USPTO) has the authority to highlight patent applications for scrutiny by U.S.

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions.

Invention 63

Invention Patent Law Patent Trademark 63

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? Should your title be amended to conform to US practice?

Inventor 52

Inventor Art Patent Law Patent Application 52

IPilogue

JUNE 29, 2022

Vaver recognized some of Justice Laddie’s significant contributions to trademark, copyright, and patent law. Lastly, Justice Laddie’s approach to the Haberman Feeder case demonstrated his values regarding patentability. Additionally, Prof.

Intellectual Property 114

Intellectual Property Intellectual Property Law Copying Copyright 114

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. This is the tradeoff an inventor makes with the public.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

IPilogue

SEPTEMBER 14, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. In Choueifaty , the court held that this approach disregarded the intention of the inventor.

Invention 105

Invention Patent Intellectual Property Inventor 105

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. important;}} The Four Pillars of Intellectual Property: Patents, Trademarks, Copyrights and Trade Secrets I.

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 52

Patently-O

FEBRUARY 26, 2023

Patent System (Source: The New York Times) Paul Stewart: Hostile IP Environment for Inventors Could Hamper US Innovation (Source: Bloomberg Law) Prof. (Source: CNBC) Commentary and Journal Articles: Rebecca Robbins: How a Drug Company Made $114 Billion by Gaming the U.S.

Patent 44

Patent Journalism Inventor IP 44

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.

Blogging 67

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.

IP 40

IP Invention Intellectual Property Inventor 40

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.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 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. In this regard, article 115.1

Invention 52

Invention Inventor Patent Application Due Diligence 52