LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application?

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GDB Firm Blog

OCTOBER 26, 2021

The issue of who actually owns a patent or pending patent application is obviously very important. 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.

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Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2).

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Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

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

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. ” quoting Motion Picture Patents. But, that decision sparked a major reform effort.

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The IPKat

AUGUST 11, 2023

AI inventor case catch-up: Formalities, not patentability It is worth remembering that a patent application may be filed for any subject matter, provided the appropriate forms are filled in and the necessary fees paid. The patent applications have simply been refused for failing to satisfy the formal requirements of filing.

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JD Supra Law

JUNE 8, 2023

On April 20, 2023, the United States Patent and Trademark Office (USPTO) announced several proposed rule changes that would have an impact on patent applicants, patent holders, and patent challengers.

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Patently-O

MAY 9, 2024

The new enforceability requirement would be in addition to the existing provisions that require a terminal disclaimer to match the expiration date of the disclaimed patent to the referenced patent and promise enforcement only during common ownership. I would encourage folks to provide comments to the USPTO.

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Patent Application Invention Patent Government 84

The IPKat

NOVEMBER 4, 2021

Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. He defines primary IP rights as those that have been part of law for more than 50 years.

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Intellectual Property IP Ownership Law 141

LexBlog IP

MAY 2, 2023

Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur. In addition, South Africa has granted Stephen Thaler a patent with his AI system listed as the inventor.

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Patently-O

FEBRUARY 12, 2024

But, the USPTO’s approach is not fully grounded in the law because it allows for patenting of an invention in a situation where no human or combination of humans fully conceived of and originated the invention. patents and patent applications. This principle was established in Thaler v. Vidal , 43 F.4th

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The IP Law Blog

MARCH 30, 2023

The goal was to provide better access to the patent system for a number of potential participants, such as individual inventors, small businesses, and underrepresented innovators. The UAIA was signed into law on December 29, 2022, and included in the U.S. In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

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Business Inventor Patent Licensing 98

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy.

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Patent Intellectual Property Ownership Invention 52

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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Licensing Patent Application Patent Prosecution Invention 67

LexBlog IP

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

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. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. –Hous. July 13, 2023).

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Inventor Patent Application Business Ownership 63

Intepat

MAY 24, 2024

Additionally, patent holders must adhere to specific obligations once their patents are granted. Once a patent application is filed, inventors can confidently disclose their invention through trade shows, websites, and other public forums without losing their exclusive rights.

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Patent Intellectual Property Confidentiality Invention 52

IPilogue

JULY 7, 2021

Claire La Mantia is a Guest Writer and a 2L JD Candidate at Osgoode Hall Law School. The Patent Act contains no express provisions pertaining to the ownership of inventions produced by an employee during the course of their employment. Photo Credits: Sebastian Herrmann ( Unsplash). Private Sector Employees.

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Invention Ownership Patent Intellectual Property 59

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

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. International Trade Commission and 10X Genomics. Several former Bio-Rad employees left to form 10X Genomics. Ewen , 123 F.3d

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Invention Ownership Inventor Contracts 91

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

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. Copyright I asked DALL-E to make some logos for me for use in this post.

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Designs Design Trademark Copyright 52

IPilogue

MARCH 28, 2022

Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. I attended the 5 th Annual IP Data & Research Conference’s second session on diversity in intellectual property law. The two studies found that firms that file for patent applications are disproportionately more often owned by men.

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IP Intellectual Property Patent Application Government 122

LexBlog IP

FEBRUARY 17, 2023

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. For example, the USPTO asks some questions regarding the current state of the law.

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Inventor Invention Patent Application Ownership 52

LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Non-disclosure Agreements (NDAs) for Ownership. Patent Protection for Functionality. Jump To: Trademark Protection for Branding.

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Intellectual Property Patent Application Invention Branding 52

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

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LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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IP Law 360

AUGUST 4, 2022

A Pennsylvania judge on Thursday ordered a senior lawyer at Cooley LLP to "personally pay" the legal fees incurred by his client's former CEO in a dispute over the ownership of patent applications, calling out the attorney for his "hubris and disregard of procedural rules" when filing 61 pages of evidence after deadlines had passed.

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LexBlog IP

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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Licensing Patent Application Patent Prosecution Invention 52

Patently-O

DECEMBER 20, 2023

These Thaler cases showcase that under the current patent law regime, autonomous AI systems cannot qualify as inventors entitled to patent rights, irrespective of their creativity. For AI-generated inventions to become patentable, intervention by policymakers to amend inventorship laws would likely be necessary.

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Invention Inventor Patent Ownership 63

The IPKat

MARCH 15, 2024

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

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Patent Law Reporting Editing 109

SpicyIP

JULY 5, 2021

Lokesh is a graduate from School of Law, Nirma University and an incoming LLM Candidate and InfoJustice Fellow at American University Washington College of Law, and has previously written posts for us here and here. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention.

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Patent Application Invention Confidentiality Copyright Law 131

IP and Legal Filings

SEPTEMBER 8, 2021

The Industrial and Commercial Bank of China’s blockchain patent application, which included a system used to improve the efficiency of certificate issuance and save users from repetitively filing the same document on multiple platforms, was one of the first known blockchain patent applications.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

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. . Slowinski expound on the evolving case-law in this subject area. Photo by KirillM (depositphotos). . . . . . . . . Hilty, and Peter R. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

Patently-O

AUGUST 2, 2021

During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. However, UM argued that it owned the patents based upon his employment agreement; that it had expended some ongoing funds; and that Islam had bounced ideas off of some of the faculty members.

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LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The nations in which the Contractor seeks to file the patent application. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

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