JD Supra Law

NOVEMBER 12, 2021

A patent has the attributes of intangible personal property - it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Ownership 52

Ownership Patent Patent Law Law 52

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

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

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

Reporting 140

Reporting Patent Law Law Patent 140

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. The appellate court noted the change in law under eBay , but also went on to explain that Arizona Law “does not presume irreparable harm.”

Licensing 76

Licensing Patent Patent Law Intellectual Property 76

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

APRIL 14, 2022

patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262.

Licensing 102

Licensing Ownership Patent Law Patent 102

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. Finally, Beach J.

Inventor 111

Inventor Patent Invention Intellectual Property 111

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.

Invention 122

Invention Inventor IP Ownership 122

JD Supra Law

NOVEMBER 10, 2021

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The assignee becomes the owner of. By: Spilman Thomas & Battle, PLLC

Technology 94

Technology Law Ownership Patent Law 94

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

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. When the two broke-off their relationship Sgromo wanted the patents back and sued. An arbitrator sided with Scott, concluding that Sgromo did not own the patents. Peter Sgromo v. Leonard Scott ( Fed. ” Bestway (USA), Inc.

Ownership 70

Ownership Patent Law Invention Licensing 70

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest in the party.” .

Litigation 98

Litigation Patent Confidentiality Settlement 98

The IPKat

DECEMBER 13, 2021

The headlines are the result of the Project’s filing of parallel applications to patent offices in several jurisdictions over a number of inventions generated by an AI system named DABUS (Device for the Autonomous Boot-strapping of Unified Sentience), invented by Dr Stephen Thaler. seahorses).

Inventor 135

Inventor Invention Ownership Intellectual Property Law 135

The IPKat

NOVEMBER 4, 2022

Ramalho’s structure is simple and clear, two main parts, in two chapters – the first covering AI and copyright, and the second AI and patents – with one agenda, are AI-generated creations protectable? She then analyses relevant parts of copyright and patent protection for AI-generated content under European, US, Australian and Japanese law.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

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”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

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

Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

Inventor 52

Inventor Moral Rights Patent Invention 52

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. No court or patent office has thus far found the subject matter claimed in the DABUS patent applications patentable.

Inventor 52

Inventor Invention Law Ownership 52

LexBlog IP

NOVEMBER 14, 2023

FOR IMMEDIATE RELEASE October 25, 2023 Champaign, Illinois – Julie King, King Business and Patent Law, PLLC, Champaign, Illinois was recently named to the National Small Business Association (NSBA) Leadership Council. ” King founded King Business and Patent Law in 2017. .

Law 40

Law Intellectual Property Business Patent Law 40

Patently-O

FEBRUARY 13, 2023

During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case. Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting.

Inventor 73

Inventor Ownership Invention Patent 73

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.

Ownership 81

Ownership Privacy Public Domain Copyright 81

The IP Law Blog

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents. The verdict was for $1.5

Licensing 117

Licensing Patent Government Litigation 117

LexBlog IP

AUGUST 16, 2023

Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark. This ownership comes with exclusive rights to use the mark in connection with specific goods or services.

Branding 40

Branding Brands Branding Registration 40

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. Can you use it in the ways you want to? AI isn’t human.

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

SEPTEMBER 27, 2023

It’s unclear where the mandate is coming from, as guidelines generally do not have the power of law behind them but are merely discretionary / advisory). All Indian Patents are certainly not secured by the GoI through March-in Rights, and as we saw during Covid , there was little to no inclination to bring the topic up at all.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

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.

Patent 52

Patent Invention Patent Infringement Blogging 52

Barry Sookman

JANUARY 30, 2022

Copyright Ownership, Transfers, and NFTs [link] 2022-01-25. Is crypto code law? ARTIFICIAL INTELLIGENCE NOT AN “INVENTOR” UNDER EUROPEAN PATENT LAW: Is Canada heading down the same path? Computer and Internet Weekly Updates for 2022-01-22 [link] 2022-01-23. 2021 ONSC 369 (CanLII) | Cicada 137 LLC v. link] 2022-01-26.

Ownership 57

Ownership Inventor Patent Law Law 57

Patent Trademark Blog

DECEMBER 8, 2021

Why do patent grace periods matter? Procrastinating can be an unforgiveable offense when it comes to patenting. Nearly every country has a timing requirement for filing patents. Tardiness can lead to an irrevocable loss of patent rights. Are there any patent grace periods that might give inventors more time to file?

Inventor 40

Inventor Patent Invention Patent Application 40

LexBlog IP

DECEMBER 6, 2022

The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain legal protection; other instruments may provide effective legal protection, as long as the innovator plans and implement measures and proceedings, from an early stage, to secure protection.

Patent 52

Patent Confidentiality Invention Government 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. However, different countries have different patentability requirements and prosecution schemes, and these differences.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

LexBlog IP

NOVEMBER 7, 2021

The only way to ensure you fully own the rights to your business name is to register the business name as a trademark with the United States Patent and Trademark Office. Registering your business name this way lets the world know you have the ownership rights to that name when it comes to the goods and services you provide.

Business 52

Business Cease and Desist Ownership Patent Law 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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