JD Supra Law

DECEMBER 11, 2023

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which (..)

Invention 70

Invention Patent Application Ownership Patent 70

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.

Ownership 52

Ownership Inventor Patent Patent Application 52

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).

Inventor 94

Inventor Patent Law Invention Law 94

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. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

Invention 111

Invention Ownership Intellectual Property Inventor 111

Intellectual Property Law Blog

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”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

JULY 22, 2022

.” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period. The court considered the balance-of-harms.

Patent Prosecution 78

Patent Prosecution Patent Invention Patent Application 78

IP Intelligence

SEPTEMBER 12, 2023

An applicant files a first patent application with medium-to-narrow claim coverage. The first patent application issues with some or substantial patent term adjustment (PTA) caused by one or more delays at the U.S. Patent and Trademark Office (e.g., Patent A – earlier-filed and later-expiring patent).

Patent 59

Patent Patent Application Ownership Government 59

Patent Trademark Blog

APRIL 22, 2022

Should you own your patent as an individual or under your company? Startups frequently ask whether their patent should be owned by the company or the individual inventors. Why assign the patent to your company? That is why a patent application would never identify a company only. I’m not a tax attorney.

Ownership 52

Ownership Inventor Patent Licensing 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

Patently-O

DECEMBER 13, 2023

by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections.

Patent 51

Patent Patent Application Art Ownership 51

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. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

Patent Law 57

Patent Law Patent Law Invention 57

Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights. Can it be done?

Trademark 52

Trademark IP Patent Patent Application 52

IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

Inventor 131

Inventor Invention Ownership Patent Application 131

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.

Inventor 52

Inventor Invention Patent Patent Application 52

Kashishipr

DECEMBER 8, 2021

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. However, a modified form of life may be considered a patentable subject matter. Whether or not Patents over Life Forms should be Granted?

Patent 105

Patent Intellectual Property Invention Ownership 105

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.

Settlement 59

Settlement Ownership Patent Application Litigation 59

LexBlog IP

NOVEMBER 7, 2023

During examination of a pending US patent application or after the US patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an “assignment;” or 2) the original owner may retain ownership but change its name.

Ownership 40

Ownership Patent Application Copying Patent 40

LexBlog IP

SEPTEMBER 27, 2022

As regular readers of this blog – and watchers of the Australasian patent attorney profession in general – are well-aware, we have witnessed over recent years a significant upheaval in the profession, including three public listings of attorney firm groups and a series of acquisitions and mergers.

Patent 52

Patent Ownership Patent Application IP 52

Intellectual Property Law Blog

MARCH 3, 2021

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. Patent Eligibility Under the U.S. Patent System. See MPEP § 2106.04. Decision: 35 U.S.C. §

Patent 100

Patent Patent Application Invention Technology 100

IPilogue

JULY 7, 2021

Although different types of intellectual property protections may apply, including copyright , patents, industrial designs, trademarks, and trade secrets, this article will focus on private and public sector employees’ patent rights to inventions produced during the course of their employment. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

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.

Inventor 52

Inventor Invention Law Ownership 52

LexBlog IP

MARCH 29, 2022

With significant increases in both standard and (especially) innovation patent applications , 2021 should have been a bumper year for patent attorneys operating in Australia. The number of applications filed by third-placed Griffith Hack actually fell in 2021, with the firm narrowly avoiding falling behind fourth-placed FB Rice.

Patent Prosecution 52

Patent Prosecution Patent Patent Application Ownership 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. patents and patent applications. by Dennis Crouch The U.S. This principle was established in Thaler v.

Inventor 117

Inventor Invention Patent Application Designs 117

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

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. employment.

Patent 99

Patent Contracts Inventor Ownership 99

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.

Intellectual Property 119

Intellectual Property Due Diligence Public Domain Government 119

LexBlog IP

NOVEMBER 1, 2022

For US applications and patents, during examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an “assignment;” or 2) the original owner may retain ownership but change its name.

Ownership 40

Ownership Patent Application Copying Patent 40

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. under the Patent Act. Stephen Thaler also has related pending patent applications in multiple other jurisdictions.

Inventor 52

Inventor Patent Application Invention Ownership 52

IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

Patently-O

AUGUST 29, 2023

The case offers a few key takeaways for entrepreneurs delving into the patent system. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process.

Inventor 62

Inventor Patent Application Business Ownership 62

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.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

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

Larson & Larson

JANUARY 10, 2021

Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system. Enablement.

Patent Application 52

Patent Application Invention Art Ownership 52

IPilogue

AUGUST 5, 2021

Although the Canadian legalization of psilocybin, similar to cannabis, is an interesting and contentious topic, this article intends to highlight the potential patentability of psilocybin and its derivatives, as well as the current trends in the field. Patenting Psychedelics: Novelty and Non-Obviousness.

Patent 59

Patent Invention Journalism Ownership 59

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.

Patent 52

Patent Inventor Invention Patent Application 52

IP Tech Blog

JUNE 18, 2021

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents.

Inventor 98

Inventor Patent Patent Prosecution Confidentiality 98

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.

Ownership 40

Ownership Patent Application Patent 40