JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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JD Supra Law

MAY 2, 2024

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing.

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IP Watchdog

DECEMBER 27, 2023

The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. The full implications of this are explored here. Beyond the UP and UPC, however, there were a number of.

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IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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Barry Sookman

DECEMBER 23, 2023

Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system. … The post Do generative AI inventions and works qualify for patents and copyrights?

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The IPKat

SEPTEMBER 1, 2023

This second consultation focuses on specific trade marks and designs issues, but also includes some proposals on patents and tribunals. Readers can respond to the consultation with their views on these topics, before 11:59am on 31 October 2023. Below are some of the issues covered by the consultation.

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Patently-O

APRIL 25, 2023

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Olartemoure Blog

MARCH 1, 2024

Since then, there have been various technological and design advancements to improve the wheelchair. DYNAMIC SEATING AND WALKING WHEELCHAIR WITH AN ACTIVE SEAT WITH POWERLIFT TO STAND US9855175B2 Inventors: Charles Kenneth Wike, Jr.Michael Alan Kapp and Richard Michael McEntyre Assignee: Active Body Inc Date of Patent: Jan. Antonishak.

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. As a result of the testing, EL made a number of tweaks to the design, including the connection mechanism and also determining the best force / elongation parameters for safety and comfort. By November 2019, EL was satisfied with the design. What do you think?

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LexBlog IP

OCTOBER 18, 2023

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. Design patent filings in the U.S.

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The IPKat

AUGUST 13, 2024

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. Further reading Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) (July 2022) Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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The IP Law Blog

DECEMBER 21, 2023

Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. Every year, I write about patents that have to do with Christmas.

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JD Supra Law

DECEMBER 29, 2023

On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which embodies an artificial intelligence ("AI") system could not be an inventor under the Patents Act of 1997 (UK) ("Patents Act"). (..)

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LexBlog IP

APRIL 25, 2023

The theme for 2023 is “ Women and IP.” ” An Example: Women Inventors and Patents The low participation of women in patent systems is well-documented. As noted in my prior blogs here and here , as of 2019, only 13% of inventors listed on US patents are women – and that is up from a mere 8% in 1995.

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SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents. But this time, we have with us our ‘exclusive knowledge partner’, S.

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LexBlog IP

AUGUST 16, 2023

But assuming Weber’s account is a fair assessment, I would suggest that it raises additional questions about the ongoing global efforts – driven by Professor Ryan Abbott and his Artificial Inventor Project – challenging the legal barriers to AI inventorship and authorship. How does this provide ‘convenience’?

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IP and Legal Filings

AUGUST 8, 2024

It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. This way it permits the inventors of the Patent to purposively create international patent portfolios. INTRODUCTION The Patent Act was enforced on 20 th April, 1972.

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The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

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IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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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. What is AI image generation software?

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LexBlog IP

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The district court ordered correction of the inventorship for the six patents holding that Ragner should have been a named co-inventor for all of the asserted patents.

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Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. An inventor is a presumptive owner of any resulting patent rights. However, he is missing one purportedly crucial qualification: he cannot claim to be an inventor of any patented technology.

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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.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

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The IPKat

MARCH 9, 2023

A Kat in an hotel room Trade marks Giorgio Luceri examined the judgments in T-568/21 and T-569/21 issued by the General Court, on 1 February 2023, relating to two trade mark oppositions filed by Google against the trade mark applications for the signs "GOOGLE CAR" and "GC GOOGLE CAR". v EUIPO) issued by, the General Court on 15 February 2023.

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LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

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The TTABlog

NOVEMBER 17, 2023

92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis). Finally, as to respondent's evidence of alternative designs, the Board first observed that, since it found the device to be "utilitarian functional" [a/k/a de jure functional - ed. Trevari Media, LLC v. Laurent Colasse , Cancellation No.

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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.

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LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person.

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LexBlog IP

OCTOBER 24, 2023

While PTE is designed to effectively extend the overall patent term for a single invention due to regulatory delays in product approval, PTA is designed to extend the term of a particular patent due to delays in the processing of that patent.

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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The IPKat

AUGUST 4, 2024

Instead, according to the Guidance , a claim that "integrates a judicial exception into a practical application" should impose "a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize or pre-empt the judicial exception".

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The IPKat

DECEMBER 29, 2023

Henry P Yang reported on the breaking news of the UK Supreme Court’s confirmation that an inventor under the UK Patents Act 1977 must be a natural person. Book Reviews Jocelyn Bosse reviewed the book Intellectual Property and the Design of Nature (Oxford University Press, 2023) edited by Jose Bellido and Brad Sherman.

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Intepat

NOVEMBER 2, 2023

Pandit He emphasized India’s excellent IP journey, highlighting a 36% increase in IP filings, as well as a significant increase in patents, design registrations, and trademarks. Lakshmikumaran Described the full IP ecosystem, which includes inventors, the administrative body, and a strong judicial system for IP enforcement.

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The IPKat

FEBRUARY 13, 2024

Designation of the inventor (A-III-7) A-III-7 now states that the EPO will check whether the designated inventor is a natural person. This update follows the decision in J 8/20 (DABUS) that an AI cannot be designated as an inventor ( IPKat ).

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