The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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. 1783 (2023). And for primarily AI-driven inventions, are minor tweaks by a human collaborator enough?

Invention 64

Invention Inventor Patent Ownership 64

IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Licensing of IP is when an invention or IP rights owner transfers their rights to a licensee for their use, subject to the terms of the agreement. Assignment of License is transfer of ownership.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

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 Technology 237

LexBlog IP

AUGUST 29, 2023

On June 6, 2023, New York Senate Bill S5640 / Assembly Bill A5295 (“S5640”) won near-unanimous final passage in the New York Assembly with a 147-1 vote, after being passed unanimously by the Senate the previous week. S5640, if signed into law, would introduce such limitations into New York labor law.

Invention 52

Invention Ownership Business Law 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? Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

Inventor 94

Inventor Patent Law Invention Law 94

IIPRD

MARCH 5, 2025

The article was rejected for copyright protection in 2023, and the argument was that the absence of human authorship disqualified the work from the right. Copyright Office dismissed the claim, arguing that the existence of a human being behind the invention is a precondition for copyright. Copyright Office, 2023. Slater, 888 F.3d

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. To be a joint inventor, “a person must make a significant contribution to the invention as claimed. 9,980,498 (the “’498 Patent”).

Inventor 110

Inventor Invention Art Patent 110

The IP Law Blog

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. government’s spending package, the Consolidated Appropriations Act , for 2023. Further, anyone holding rights in the invention must also qualify as a small entity.

Business 98

Business Inventor Patent Licensing 98

SpicyIP

OCTOBER 14, 2024

The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods. The Respondent, engaged in a similar business, applied for the trademark in 2023. Mrs Arti Gupta & Anr. vs Puran Rana & Anr. The Plaintiff claimed prior use of the mark since 2018.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

The IPKat

DECEMBER 20, 2023

The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. Issue 2 is whether Dr Thaler was nevertheless the owner of any invention in any technical advance made by DABUS and entitled to apply for and obtain a patent in respect of it. The judgment under appeal by the Court of Appeal was reported here.

Inventor 86

Inventor Patent Ownership Reporting 86

Intepat

NOVEMBER 4, 2024

When AI relies on extensive datasets, questions around the ownership, control, and protection of both personal and IP-related data become critical. AI’s capacity to generate content, inventions, and insights from this data intensifies concerns, not only about ownership but also about copyright and trade secrets.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

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 75

Inventor Ownership Invention Patent 75

Technology & Marketing Law Blog

MAY 15, 2024

The Supreme Court’s opportunity came with the 2023 decision in Nealy v. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations.

Music 105

Music Blogging Copyright Ownership 105

IP Tech Blog

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. The court unanimously found that AI cannot.

Patent Application 62

Patent Application Inventor Patent Invention 62

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., Here, the Federal Circuit is looking for particularized evidence “linking arguments as to the insubstantiality of the differences between the claimed invention and the accused device.” In VLSI Technology LLC v.

Licensing 147

Licensing Patent Law Ownership 147

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

Patently-O

MAY 4, 2023

May 2 , 2023) Joint inventorship requires a substantial contribution to the invention. to create preheated meat pieces… On appeal, Hormel argues that Howard’s contribution is well-known in the art and insignificant when measured against the full invention. He has an extensive background in chemistry and food science. HIP, Inc.,

Inventor 72

Inventor Invention Art Ownership 72

LexBlog IP

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

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 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. 18 (see image at right).

Artwork 98

Artwork Blogging Art Copyright 98

IP and Legal Filings

JANUARY 2, 2024

Madhurkumar Ramkrishnaji Bajaj (2023) , the court was presented with a question of determining whether cancellation of a conveyance deed is arbitrable, as there was no arbitration clause in the Conveyance deed. Madhurkumar Ramkrishna Bajaj, 2023 INSC 1081 Deccan Paper Mills v. Northern Coal Field Ltd., 2020) 2 SCC 455.

Intellectual Property 98

Intellectual Property IP Licensing Ownership 98

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

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 Inventor Ownership 52

The TTABlog

JUNE 27, 2023

90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. The Board, however, observed that "ownership of a design patent does not, in itself, establish that a product feature is non-functional; such ownership can be outweighed by other evidence supporting a functionality determination." Welch 2023.

Designs 53

Designs Design Ownership Design Patent 53

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

The IPKat

JULY 16, 2024

The volume generally follows the same structure as previous editions, providing a general introduction to patents (Chapter 1), outlining the nature of patentable inventions (Chapter 2), and discussing the application process (Chapter 3). Chapter 7 examines the determination of the priority date of an invention. pesticides).

Law 64

Law Editing Patent Intellectual Property 64

IP Intelligence

MAY 9, 2023

Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor.

Inventor 52

Inventor Invention Patent Application Art 52

The IPKat

JULY 23, 2024

Our Katfriend considered several aspects regarding copyright ownership. Rose Hughes also reported on the decision Sanofi v Amgen, UPC_CFI_1/2023 , focusing on the very first revocation before the UPC. Antonios Baris released the greatest hit of summer 2024: The EleonORe Song.

Editing 59

Editing Designs Design Reporting 59

LexBlog IP

MAY 9, 2023

Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. In particular, a drafting attorney should accordingly take care to consider whether a potential inventor’s contribution was “[]significant in quality” when compared to the overall invention. In HIP, Inc. at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 52

LexBlog IP

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. government’s spending package, the Consolidated Appropriations Act , for 2023. Further, anyone holding rights in the invention must also qualify as a small entity. had a gross income.

Business 52

Business Inventor Patent Licensing 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.). The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

The IPKat

FEBRUARY 3, 2023

There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law. This litigation has arisen amongst a flurry of recent interest in AI generated works.

Litigation 143

Litigation Copying Copyright Designs 143

The TTABlog

JUNE 27, 2023

90730679 (June 22, 2023) [not precedential] (Opinion by Judge Melanye K. The Board, however, observed that "ownership of a design patent does not, in itself, establish that a product feature is non-functional; such ownership can be outweighed by other evidence supporting a functionality determination." Welch 2023.

Designs 45

Designs Design Ownership Design Patent 45

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. To be a joint inventor, “a person must make a significant contribution to the invention as claimed.

Inventor 52

Inventor Invention Art Patent 52

IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. Ruling in favor of Hermès, Mason Rothschild was held accountable for trademark infringement, dilution, and cybersquatting on all three counts by a federal jury in Manhattan on February 8, 2023.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Garrigues Blog

OCTOBER 26, 2022

The EUIPO’s guidelines as from 2023. Given the speed with which Web3 technologies change and are re-invented, we cannot rule out new changes arising in the next few months. The term is not understood to mean the digital item itself, rather the means of certification.”. We will be watching carefully. Marta González Aleixandre.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52