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

SpicyIP

AUGUST 9, 2021

Many glaring issues presented by the Report have been previously discussed by Prof Scaria ( here ), Praharsh ( here ), Adyasha ( here ) and Namratha ( here and here ). 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.

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Inventor Invention IP Ownership 122

IP and Legal Filings

JUNE 15, 2023

Subsequently, the scientists worked on the plant and developed a patented medicine. A part of TK is exposed for patent review whereas the rest is kept undisclosed. Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. For example, Rev. Reverend Heinrich R.

Ownership 97

Ownership Privacy Public Domain Copyright 97

The IPKat

JULY 30, 2024

However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity". How then are AI-generated inventions to be protected? The natural person can then be named an inventor on the patent application.

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Inventor Invention Design Designs 73

LexBlog IP

DECEMBER 26, 2023

Rights to AI-generated content, and to content made on creative platforms, aren’t always easy to understand, and they have a big impact on how you can use it and if and how you can protect it. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

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Designs Design Trademark Copyright 52

LexBlog IP

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 52

Business Inventor Patent Licensing 52

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. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity. Firstly, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

IIPRD

AUGUST 31, 2022

This Article aims to empower & educate investors and other business personnel about the Significance of IP Due-Diligence in an M&A Transaction, how to minimize future legal risk and some examples of goods and bad IP due diligence. For many businesses, intellectual property is the most important asset type. Pitfalls to Check.

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LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

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Patent Inventor Invention Patent Application 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. can significantly complicate the coordination of a global patent strategy. PDF copy available.

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Patent Prosecution Invention Inventor Patent 75

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. Jurisdiction in the global metaverse was another topic that presented intriguing questions and as of yet few answers.

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IP Reporting Design Designs 73

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. First Time Interpreting Patent Agent Privilege.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

AUGUST 3, 2023

How do other areas of law treat relevance of death? Need and precedent: how is AI being used to reanimate people? We can at least fight how we structure the rules of postmortem ROP when it’s only found in about half the states. How practical is it to imagine needing affirmative steps to anticipate those uses? Body parts.

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Registration False Advertising Advertising Advertising 52

SpicyIP

JULY 5, 2021

Copyright Ownership in State Board Textbooks: Impediments to Accessibility. I demonstrate with examples how copyright policies of many state governments restrict the very access that the State Boards publishing textbooks were meant to facilitate. Thematic Highlight. Image from here. June 29, 2021]. Other News.

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Intellectual Property Trademark Licensing Copyright 105

More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. In short, a substance’s Schedule I classification is irrelevant to its patentability.

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Patent Invention Patent Infringement Blogging 52

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Design 52

Patently-O

JUNE 28, 2023

(Guest Post by Kevin Ahlstrom, Associate General Counsel, Patents, Meta. By creating a supportive environment and equipping participants with the necessary tools, these sessions pave the way for gender equality in patenting. At Meta, employees are encouraged to submit patent ideas through an inventor portal.

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Inventor Invention Ownership Patent 130

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. The benefits of patenting are manifold.

Patent 52

Patent Ownership Intellectual Property Invention 52

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. The underlying case will be familiar to many with Dr. Stephen Thaler of St. by Dennis Crouch Thaler v.

Invention 64

Invention Inventor Patent Ownership 64

The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! There are many misconceptions and confusions with regards to G 2/21 , not least its relevance to the slippery concept of plausibility. (T At the very least, LLMs have substantially lessened the burden of sourcing cat-themed patent blog illustrations.

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Invention Inventor Patent Law 108

The IPKat

SEPTEMBER 22, 2021

What are the current capabilities of AI and machine learning and how do you see this developing in the future? I think there are less examples of AI devised inventions, although there is the famous case of something called DABUS, which applied for patents with us and various other IP offices around the world.

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IP Licensing Music Invention 70

43(B)log

AUGUST 11, 2022

Representation of Female Inventors on Patent Teams Jordi Goodman Equity would be achieved in 2092 if current trends continue. Curating Black Music: Copyright, Ownership & Commodification Olufunmilayo Arewa Book project: How recording business has shaped identities through curation, including of sexuality and of profits.

Inventor 72

Inventor Music Invention IP 72

Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). This case establishes binding precedent that a terminal disclaimer cuts off any extended patent term granted through PTA. Thus, PTE extends beyond a disclaimed term, while PTA does not.

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Patent Invention Ownership Inventor 52

LexBlog IP

MARCH 27, 2023

How was ChatGPT trained? Reinforcement learning, on the other hand, seeks to train a machine learning model over many iterations of pass-fail, trial-and-error attempts, where the model is provided with a “reward” (a positive value) for interactions where a positive result is returned by a model being trained.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

SpicyIP

MAY 20, 2024

The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope. Other Posts Leaving Out the Working Examples? DHC’s recent ruling in Bayer v. Tosh Apartments. Intergrow Brands Pvt.

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Trademark Advertising Advertising Copyright 45

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

JANUARY 17, 2023

Congress is using the UAIA to reduce barriers to patent system entry, such as the costs associated with filing and prosecuting patent applications as well as maintaining patents. Effective December 29, 2022, discounts related to patent costs for small and micro entities increased. Large Entity Fees (USD).

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Inventor Patent Patent Application Invention 40

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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IP Copyright Trademark Intellectual Property 109

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

MAY 12, 2023

billion in damages against Apple, as well as co-ownership of 5 Apple pulse oximetry patents that Masimo said use its technology. Questions over ownership of key trade secrets can derail a request for an injunction, as a plaintiff is learning in a New Jersey federal court. In that case, Masimo Corp. is seeking $1.8

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Confidentiality Ownership Blogging Litigation 40

Patently-O

MAY 9, 2024

by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. 102 or 103). This is a major proposal that fundamentally alters the effect of terminal disclaimers.

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Patent Application Invention Patent Government 85

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Did they influence how you advertise? Source concealment/distortion. Q: endgame?

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LexBlog IP

MARCH 12, 2023

In a post for Patently-O , Peter describes how the TSCMJG came into existence. Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too. In particular, Judge Black found that declaratory relief for a correction of ownership under 35 U.S.C. § In Calvary Indus.,

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