Patently-O

JANUARY 24, 2023

Thaler’s petition for writ of certiorari to the US Supreme Court would have been due last week, but Thaler was able to obtain an extension with the petition now being due March 19, 2023. Jan 10, 2023). Thaler’s main attorney throughout this process has been Professor Ryan Abbott. PERLMUTTER et al, Docket No.

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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. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets.

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IIPRD

MARCH 13, 2025

These rights include exclusive ownership benefits and rights against any misuse, alteration, modification etc. It grants exclusive rights to the inventors and prevents others from selling, using or making it without their permission. of their work for a fixed period. How to Choose the Right IPR for Your Work?

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LexBlog IP

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. Also, Howard was not named as an inventor. 9,980,498 (the “’498 Patent”).

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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. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. 21-CV-1450, 2023 WL 362504, at *16 (S.D. 23, 2023).

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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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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). Whether “inventor” under the Act includes machines like DABUS. Vidal , 43 F.4th

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Patently-O

MAY 4, 2023

May 2 , 2023) Joint inventorship requires a substantial contribution to the invention. US Patent 9,980,498 has four inventors that are employees of and assigned their interest to Hormel. US Patent 9,980,498 has four inventors that are employees of and assigned their interest to Hormel. Hormel Foods Corp., 2022 -1 6 96, — F.

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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

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. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. had a gross income.

Business 52

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Intepat

NOVEMBER 2, 2023

Lakshmikumaran Described the full IP ecosystem, which includes inventors, the administrative body, and a strong judicial system for IP enforcement. which have raised questions about the ownership and protection of AI-generated content. Stay tuned for updates on Day 2 of the Conference.

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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.

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LexBlog IP

MAY 9, 2023

Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. The district court agreed with HIP and determined that Howard was a joint inventor on the basis of his contribution of the infrared preheating. United States patent no. In its decision, the Federal Circuit applied the test from Pannu v.

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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.

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The IPKat

MARCH 15, 2024

Priority entitlement was an issue because neither the priority co-applicant and inventor Dr. Marraffini nor his successor-in-title, the Rockefeller University, was named as applicant on the subsequent PCT applications. Rockefeller was even said to have had an interest in valid priority rights.

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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. In this instance however the user generating the images was in Ireland and the online software model generating the images was hosted in the US.

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

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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. This can discourage independent inventors and small businesses that cannot afford these fees from obtaining patents.

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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.

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Designs Design Trademark Copyright 52

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). Case 1- Doe 1 v. GitHub Inc., 3:22-cv-06823 – Whither transformative?

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Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

SEPTEMBER 6, 2023

as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” According to the District Court: the act of human creation was thus central to American copyright from its very inception; and non-human actors need no incentives with the promise of exclusive rights under United States law.

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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.

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The IPKat

JULY 16, 2024

We then turn to entitlement in Chapter 4, which addresses the Court of Appeal and Supreme Court’s judgments in Thaler v Comptroller-General of Patents, finding that the Patents Act 1977 does not allow for a patent to be granted where the “inventor” is not a natural person, and therefore excludes AI machines. pesticides).

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Law Editing Patent Intellectual Property 64

SpicyIP

NOVEMBER 21, 2022

while also acknowledging the pending applications for change of ownership. Exams for selection of trademark agents scheduled for May 2023, after a gap of 10 years. Opposition filed against a patent application which claims AI to be the inventor. M/S Prestige Estates Projects vs M/S Falcon Shelters Pvt.

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The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Secondly, in New York, from L.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Indeed, the Max Sound saga discussed above is a prime example of the muddy waters that surround patent ownership and financial interests. 2023-103, Doc. As it stands, there is no effective way for a defendant — or the court — to confirm the entities that have a financial interest in the outcome of the litigation. District Judge Colm F.

Patent 52

Patent Litigation Patent Infringement Inventor 52

Patently-O

AUGUST 29, 2023

July 13, 2023). Key Takeaways for Inventors and Startups 1. The outcome here is a classic corporate defense strategy — the defense used the complex corporate structure and ownership changes to ultimately defeated of the claims. Hunton Andrews Kurth, LLP , 14-22-00410-CV (Tex. –Hous.

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Inventor Patent Application Business Ownership 64

SpicyIP

JANUARY 5, 2024

The ownership of the patent remains with the institute – it is only a right to licence to third parties which is accrued in favour of the government if it chooses to exercise this right. When exercising this power, governments are permitted to intervene and direct the usage of the IPR or licence it to a third party.

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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] 4] Courts and Tribunals Judiciary, Artificial Intelligence (AI): Guidance for Judicial Office Holders (12 December 2023), [link]. [5]

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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. Vidal, [2] in which the Federal Circuit reaffirmed the traditional understanding of inventorship, holding that AI tools cannot themselves be listed as inventors.

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Invention Inventor Patent Patent Application 52

Trading Secrets

NOVEMBER 2, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. This raises questions about the ownership and fair use of AI-discovered orphan works. See our prior post on issues raised by Thaler.

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LexBlog IP

NOVEMBER 2, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. This raises questions about the ownership and fair use of AI-discovered orphan works. See our prior post on issues raised by Thaler. § 101.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. This raises questions about the ownership and fair use of AI-discovered orphan works. See our prior post on issues raised by Thaler. § 101.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Copyright Lately

APRIL 6, 2025

Here, the inventor explicitly disclaimed any human involvement, making the decision an easy one. Miley Cyrus is facing a copyright lawsuit that claims her 2023 hit Flowers copies elements from Bruno Marss 2013 song When I Was Your Man. Importantly, the court was careful to say what this case wasnt about. Ruling from the bench, U.S.

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Editing Copyright Cease and Desist Music 60

SpicyIP

DECEMBER 31, 2024

Maharaja decision of 2023 (which the Court relied on in the present case to justify the damages) that damages are to be calculated on reasonable/ fair basis. Jan Vishwas (Amendment of Provisions) Act, 2023 Comes Into Force The Jan Vishwas (Amendment of Provisions) Act, 2023 came into force on August 1, 2024.

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