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.

Inventor 52

Inventor Patent Application Invention Ownership 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.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

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.

Patent 105

Patent Intellectual Property Invention Ownership 105

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

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. ” And, “[d]o inventions in which an AI system contributed at the same level as a joint inventor raise any significant ownership issues?“

Inventor 52

Inventor Invention Patent Application Ownership 52

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.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 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.

Inventor 111

Inventor Patent Invention Intellectual Property 111

The IP Law Blog

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). The ‘498 Patent was issued from this application in 2018.

Inventor 110

Inventor Invention Art Patent 110

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. Keep in mind; our patent system is a first-to-file patent system – meaning, it will generally only award patent rights to the first patent applicant. Software technology is patentable under International and US Patent law.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

The IP Law Blog

MARCH 30, 2023

In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 Therefore, not only is it important to select the proper entity status when filing a patent application, but it is also critical to recognize if and when an entity status changes.

Business 98

Business Inventor Patent Licensing 98

IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge.

Ownership 84

Ownership Privacy Public Domain Copyright 84

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?

Inventor 52

Inventor Moral Rights Patent Invention 52

Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

Inventor 40

Inventor Patent Invention Patent Application 40

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

NOVEMBER 9, 2023

In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). HIP, formerly Unitherm Food Systems, Inc. (“Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent.

Inventor 52

Inventor Invention Art Patent 52

The IPKat

SEPTEMBER 21, 2022

Janna Smith and Valentina Niess took a deeper dive into the IP issues in the metaverse discussing among other things issues of ownership and the current flurry of metaverse/NFT related litigation, as well as the proper filing strategies in different countries to protect trademarks in the metaverse.

IP 76

IP Reporting Designs Design 76

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The original patent application was filed Feb 9, 2021 –one year and two days later and outside the one year grace period. by Dennis Crouch. Venture (Fed.

Invention 82

Invention Contracts Licensing Inventor 82

The IPKat

OCTOBER 5, 2021

When applying for a patent in the UK, if the applicant is not the inventor it is required to file the statement of inventorship under s.13(2) 13(2) of the UK Patents Act 1977 to indicate how the applicant derived the right from the inventor to be granted a patent. Birss LJ dissented and would have allowed it.

Inventor 93

Inventor Invention Intellectual Property Patent 93

More Than Your Mark

NOVEMBER 30, 2018

Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.” The USPTO applies the same legal standard when reviewing utility patent applications related to cannabis, as it does to all other inventions. In short, a substance’s Schedule I classification is irrelevant to its patentability.

Patent 52

Patent Patent Infringement Invention Blogging 52

More Than Your Mark

JULY 16, 2018

Acknowledging the difficulty of calculating a patent expiration date in view of the many factors to be considered, and in response to public inquiry, the USPTO now provides a downloadable patent term calculator for estimating patent expiration date, available online here. The Standard Patent Term. patent examiner.

Patent 40

Patent Design Patent Patent Law Designs 40

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.

Patent 52

Patent Intellectual Property Ownership Invention 52

The IPKat

NOVEMBER 4, 2021

The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention. The first (chapter 7), by Dan L.

Intellectual Property 141

Intellectual Property IP Ownership Editing 141

Patently-O

DECEMBER 20, 2023

The UK Supreme court based its holding upon the text of the UK Patents Act of 1977 as it reached the same ultimate conclusion as the Federal Circuit in Thaler v. 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.

Invention 63

Invention Inventor Patent Ownership 63

The IPKat

DECEMBER 22, 2023

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). This is one to watch for 2024.

Invention 110

Invention Inventor Patent Law 110

LexBlog IP

MARCH 27, 2023

That is, the Copyright’s guidance states that: “applicants have a duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contributions to the work.” Instead, OpenAI treats the matter as one of ownership via contract law.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

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

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. The Order calls on the U.S. Copyright Office and U.S.

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. The Order calls on the U.S. Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Barry Sookman

MAY 4, 2020

This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patent law, 35 USC §§ 1 et seq. an inventor must be a natural person. In addition, the U.S.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52