LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). NFTs may offer opportunities for U.S. resale royalties).

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SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Her area of interest lies in IP and corporate law.

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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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The IPKat

SEPTEMBER 21, 2022

While many Congress attendees from around the world lined up for the Unified Patent Court boot camp and mock trial panels, this Katfriend opted to sample the day’s selection of soft IP offerings. Would You Like Some IP With Your Wine? Quentin Tarantino et al. was a luncheon title this Katfriend could not turn down.

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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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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?

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IP Watchdog

JULY 15, 2022

In its decision, the court, while setting a new test, rejected, for the second time, a problem-solution approach to claim construction followed by the Canadian Intellectual Property Office (CIPO) in examining patent applications.

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Patently-O

AUGUST 21, 2022

Recent Headlines in the IP World: Blake Brittain: Search For New Patent Hub Begins After Court Ends Waco’s Hold On U.S. Foo Yun Chee: Illumina Offers Patent Licenses To Rivals, Patent Truce With BGI – Sources (Source: Financial Post). New Job Postings on Patently-O: Lathrop GPM. Alliance IP, LLC.

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Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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SpicyIP

OCTOBER 7, 2023

We hope it provides more context for IP enthusiasts, especially the younger ones, and for those interested in the acronym-heavy world of SEPs. This sets SEP litigations apart from other patent litigations wherein the patentee could be more interested in securing an injunction and keeping the monopoly for itself or for its chosen licensees.

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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. Prathibha Sivasubramanian is a law researcher working with TWN.

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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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The IPKat

MAY 19, 2024

These AI generated structures may be included in patent applications or simply published in depositories on the internet. This approach could be used as a strategy by patent trolls or those looking to block others from patenting new structures.

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

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LexBlog IP

MAY 10, 2022

” The crackdown follows years of criticism that the Chinese patent system was being abused by “patent trolls” who filed frivolous lawsuits or submitted low-quality applications in order to extort money from companies. Seeking assistance with your foreign patent application? Patent Attorney.

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The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech alleges that it did not use Moderna’s patented technology in its vaccine but instead uses a different mRNA structure and different lipids in the delivery system. Moderna claims that Pfizer/BioNTech’s reference to work done by other scientists is an attempt to distract from the issue of infringement.

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IP and Legal Filings

AUGUST 18, 2021

As a result, constant and resolute technological advancements have immensely changed the dynamics of the relationship between technology and laws. One area of law that has been undergoing constant amendments due to changing technologies are patent laws. Today, we live in a wired world.

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IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic.

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IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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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. . argue that classifying “inventor” as an “agent noun” is insufficient to conclude that non-human entities can be considered inventors under patent law. Firstly, Kim et al.

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Patent Trademark Blog

FEBRUARY 21, 2022

Does it matter where you live or where your patent attorney lives? Some might disagree, but I would argue that your location does not matter if you’re looking for a patent attorney to file patent applications. If you need a patent litigator, then location may play a bigger role.

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LexBlog IP

SEPTEMBER 29, 2022

Understanding these three underlying principles will enable Applicants in China to better understand the best situations for filing both types of applications. Chinese Utility Model and Patent Prosecution. Unlike invention patent applications, there is no substantial examination of utility models.

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LexBlog IP

MAY 10, 2022

Founders Legal retained foreign counsel Foundin IP , has reported that the Beijing Intellectual Property Court issued a ruling in Chugai Pharmaceutical Co., This case is China’s first patent linkability case since the implementation of the new Chinese Patent Law. Wenzhou Haihe Pharmaceutical Co., of attorneys.

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IPilogue

JUNE 2, 2022

Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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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.

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The IP Law Blog

JANUARY 13, 2022

In order to obtain a patent for an invention, the invention must be fully disclosed in a written patent application. The patent application has to describe the invention in detail and how to make and use the invention. The invention must meet several requirements in order to be patentable.

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The IP Law Blog

JULY 28, 2022

If it does, then the second step is a determination of whether the claimed invention has an inventive concept that transforms the patent-ineligible subject matter into something patentable. patent laws agree that subject matter eligibility “needs to be clear, predictable, and consistently applied.”

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LexBlog IP

JANUARY 25, 2022

These events range from inventor hours to IP 101, as well as quarterly series that cover the entire patent process. Patent Search – The USPTO offers several search tools to help inventors find patents that may be relevant to their invention as well as strategies for performing your own preliminary patent search.

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LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. As a software developer, investor, visionary that has invested significant time and resources into software technology, it is crucial not to share the details of your innovation until you have taken steps to protect it properly.

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IP and Legal Filings

APRIL 18, 2023

The Issue The Indian Patent Office , has for the first time rejected to recognize the claim of AI to be an inventor relying upon Section 2 and 6 of the Indian Patents Act, 1970 (Hereinafter, the Act). [1] 2] However, some argue that AI systems should be granted legal personality and be allowed to own patents. 7] Way ahead?

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LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor.

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Intepat

FEBRUARY 16, 2021

For that reason, sufficient information about the patent and the technology behind it must be disclosed. To further this idea, patent laws have always mandated that enough information about the innovative step is disclosed. Patent applications with insufficient disclosures can even lead to its rejection.

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The IPKat

JANUARY 16, 2022

The €47 million EU SME fund provides for the reimbursement of 90% of the fees charged by the Member States for IP scanning services that perform a comprehensive assessment of the intellectual property needs of the applicant SME, taking into account the innovation potential of its intangible assets.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Ashley litigates disputes across a wide range of technologies, including consumer electronics, software applications, semiconductors, and medical devices. From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A. Chet Campbell focuses his practice on patent litigation at the U.S. in biology.

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LexBlog IP

AUGUST 1, 2021

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879.

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