The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K.

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. 90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K.

Designs 43

Designs Design Ownership Design Patent 43

Patently-O

FEBRUARY 13, 2023

Sywula sued for correction of invention, and the District Court initially dismissed the case on standing, but – after an amended complaint – has now agreed that Sywula has met the requirements to survive a pleading-stage demurrer. In patent law, inventorship is tied directly to ownership. 23, 2023). 3d 659 (Fed.

Inventor 73

Inventor Ownership Invention Patent 73

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S. Both the U.S.

Government 237

Government Business Licensing Copyright 237

LexBlog IP

FEBRUARY 7, 2024

6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7]

Publishing 52

Publishing Government Litigation Inventor 52

Intellectual Property Law Blog

JANUARY 22, 2024

2023) , VLSI sued Intel for infringement of U.S. Intel argued that due to a recent change in ownership of Finjan, Inc., It is not enough for VLSI’s expert to chalk up any difference between the accused product and the asserted claim to a simple “design choice.” In VLSI Technology LLC v. Intel Corporation , No. 22-1906 (Fed.

Licensing 147

Licensing Patent Law Ownership 147

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. This will give recognition to those persons and provide them with ownership rights for that intellectual activity. Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Patently-O

AUGUST 18, 2023

18, 2023). Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. By Dennis Crouch Thaler v. Perlmutter, No. 22-1564 (D.D.C. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

Patently-O

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. 13, 2023) (non-precedential). Cellect’s petition has been supported by 10 amicus briefs. 2022-1896 (Fed.

Patent 51

Patent Patent Application Art Ownership 51

Garrigues Blog

OCTOBER 26, 2022

District Court for the Southern District of New York for designing, minting and offering handbags inspired by Hermès’ famous Birkin handbag, under the name “MetaBirkins”. The EUIPO’s guidelines as from 2023. The term is not understood to mean the digital item itself, rather the means of certification.”. We will be watching carefully.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., This pilot scheme was extended to 31st March 2023 due to its success and has further seen an extension up to 31st March 2026. The SIPP has seen multiple revisions in 2022 and 2023 based on the response received.

Intellectual Property 52

Intellectual Property Government IP Patent Application 52

LexBlog IP

JANUARY 22, 2024

2023) , VLSI sued Intel for infringement of U.S. Intel argued that due to a recent change in ownership of Finjan, Inc., ” It is not enough for VLSI’s expert to chalk up any difference between the accused product and the asserted claim to a simple “design choice.” In VLSI Technology LLC v. 22-1906 (Fed.

Licensing 52

Licensing Patent Law Ownership 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. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

Invention 62

Invention Inventor Patent Ownership 62

LexBlog IP

FEBRUARY 26, 2024

President Biden mandated the issuance of such Guidance in his executive order on AI (see our prior alert here ) [1] in October 2023. However, the Guidance clarifies that AI-assisted inventions are not automatically ineligible for patent protection so long as one or more natural persons “significantly contributed” to the invention.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). ” AI RMF 1.0 Both the U.S.

Government 52

Government Business Copyright Licensing 52

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. He underlined that intellectual property is about more than simply production; it is also about solving social concerns with inventive solutions.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 112

IP Copyright Trademark Intellectual Property 112

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

IIPRD

FEBRUARY 8, 2024

Moreover, IP rights are inherently territorial, creating problems for IP owners who use cloud computing, such as their patented inventions being used or infringed in multiple locations without their consent or knowledge. It is designed as an Infrastructure as a Service (IaaS) platform.

Intellectual Property 52

Intellectual Property IP Government Technology 52

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

JUNE 17, 2023

OpenAI, creator of ChatGPT, GPT-3 and GPT-4, Codex and Copilot AI systems, is the consensus leader in the race to create AI that may take all of our jobs and destroy the human race be the most disruptive technology since the invention of the printing press. 2023 WL 3449131 at *1 (N.D. May 11, 2023). Complaint at 31.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Millions of U.S. The doctrine has its stated origins in 35 U.S.C.

Patent 52

Patent Invention Ownership Inventor 52

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Chapter 2, authored by David Musker, considers the overlaps between patents and designs.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . Introduction.

Litigation 52

Litigation Settlement Marketing Marketing 52

LexBlog IP

JANUARY 17, 2023

The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America. Starting in 2023, the USPTO has reduced various fees associated with filing a PCT application in the U.S. receiving office.

Inventor 40

Inventor Patent Patent Application Invention 40