Hugh Stephens Blog

OCTOBER 25, 2022

Not being on the cutting edge of hi-tech myself this term had not crept into my consciousness until a couple of weeks ago, while I was up at my cottage north of Toronto enjoying the … Continue reading " AI and Computer-Generated Art: Its Impact on Artists and Copyright "

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IP Law 360

NOVEMBER 18, 2024

A New York federal judge has freed a visual arts licensing organization from an art publisher's lawsuit accusing it of falsely claiming copyright ownership to late artist Robert Indiana's iconic "LOVE" image and scheming to fraudulently sell licenses for it, saying the publisher's claims didn't pass muster.

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JD Supra Law

NOVEMBER 1, 2024

It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application.

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Intellectual Property Law Blog

DECEMBER 21, 2023

It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed. Regarding the jury instructions on comparison prior art, Columbia argued that the district court erred by failing to instruct the jury as to the scope of the comparison prior art.

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SpicyIP

JULY 4, 2024

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application!

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JD Supra Law

AUGUST 7, 2024

A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. Court of Appeals for the Federal Circuit (CAFC) elaborated on the prior art public sale exception set forth in 35 U.S.C. On July 31, 2024, in a precedential decision, the U.S. 102(b)(2)(B).

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Art 107

IP Law 360

NOVEMBER 19, 2024

A West Virginia federal court's recent ruling — that references used by a patent challenger to establish an ordinarily skilled artisan's existing knowledge must be published before a patent's filing — may discourage claim construction challenges based on secret prior art and steer drafters away from externally defined terms, says Brianna Potter at (..)

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Art Patent Publishing 52

The Illusion of More

DECEMBER 23, 2022

The post Art is Human appeared first on The Illusion of More. The description on his website begins. Wild Place is the English translation of Wiltwyck, the original name given to Kingston, New York, in 1661 by Peter Stuyvesant and […].

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Art 120

Hugh Stephens Blog

DECEMBER 12, 2022

The hi-tech whiz kids actually began to believe in their own infallibility and in … Continue reading "AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight"

Art 246

Art 246

Intellectual Property Law Blog

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § Teleflex Innovations S.A.R.L. , The Board concluded that Medtronic failed to demonstrate that the challenged claims were unpatentable.

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JD Supra Law

APRIL 7, 2023

Artificial Intelligence (AI) has become increasingly prevalent in the world of art, leading to new forms of creative expression that challenge our conventional notions on what constitutes art. AI-generated art is created using algorithms and machine learning, which allow computers to learn from and mimic human behavior.

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Art Copyright 98

Patently-O

OCTOBER 3, 2024

by Dennis Crouch The Federal Circuit is set to decide an important issue regarding the scope of prior art that can be considered during inter partes review (IPR) proceedings in the pending appeal of Lynk Labs, Inc. Samsung's petition relied upon a prior-filed patent application ("Martin") as a key prior art reference. Application No.

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Art Patent Application Patent Technology 59

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art.

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The Illusion of More

JANUARY 10, 2023

The post AI “Art” is Boring appeared first on The Illusion of More. Adam was bored alone; then Adam and Eve were bored together; then Adam and Eve and Cain and Abel were bored en famille; then the population of the world increased, and the peoples were bored en masse. This […].

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Art 111

IP.com

OCTOBER 9, 2024

On November 3, IP.com will unveil an exciting new chapter for the Prior Art Database. As part of our commitment to enhancing prior art and non-patent literature research, the platform will undergo a major transformation and rebranding.

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IP Watchdog

MARCH 13, 2024

8,671,132 was unpatentable as obvious over combinations of three prior art references: “Gelb”, “Tivoli”, and “Callaghan.” Daedalus in part argued on appeal that the Board incorrectly found that Gelb is analogous art because Gelb “is not reasonably pertinent to the problems identified in the ’132 patent.” The PTAB held that U.S.

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Art Patent Litigation Intellectual Property 98

Likelihood of Confusion

OCTOBER 8, 2024

Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use? appeared first on LIKELIHOOD OF CONFUSION™.

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Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.

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Art Copyright Ownership Non-Fungible Tokens 105

IP Law 360

OCTOBER 31, 2024

The First Amendment protects Nirvana's 1991 "Nevermind" album art, the Recording Industry Association of America has told a California federal court in an amicus brief, warning that allowing child pornography claims by the man featured naked as a baby in the artwork threatens to broadly chill artistic expression.

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The Illusion of More

OCTOBER 26, 2023

While people may continue to debate whether robots dream of electric sheep, let us please stop entertaining the notion that AIs “learn from artistic works the same way human artists learn” to make art.

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Art Artistic Work 92

IP Law 360

OCTOBER 3, 2024

The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

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Art 52

Copyright Alliance

JULY 30, 2024

Today, we turn the spotlight over to one of our community and VLA partners, Maryland Volunteer Lawyers for the Arts. What is the […] The post Community Partner Spotlight: Maryland Volunteer Lawyers for the Arts (MdVLA) appeared first on Copyright Alliance.

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IP Law 360

JULY 31, 2024

Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art. Technology companies, drugmakers and various industry organizations have represented to the U.S.

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Art Technology Trademark Patent 98

IP Law 360

OCTOBER 8, 2024

The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne (..)

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Art Ownership Patent 52

JD Supra Law

MAY 3, 2024

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures. By: Jones Day

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Art 110

IP Law 360

OCTOBER 8, 2024

Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.

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Art Contracts 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. Several bacteria, such as Pseudomonas sp.

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Art Patent Public Domain Invention 52

IP Law 360

APRIL 11, 2024

Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. An artificial intelligence inventor has bashed the U.S. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.

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IPilogue

NOVEMBER 2, 2022

A high-tech solarpunk utopia in the Amazon rainforest, a Pikachu fine dining with a view to the Eiffel Tower, a mecha robot in a favela in expressionist style – if you are struggling to visualize any of these descriptions, an AI art generator could most likely help you out. Understanding “Open-source” AI-Generated Art.

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IP Watchdog

NOVEMBER 4, 2024

The case law distinguishes between so-called “unpredictable arts” (e.g., the biological, chemical, and pharmaceutical arts) and “predictable arts” (e.g., electrical and mechanical arts) for purposes of Section 112 analysis for the very reason that one is considered “predictable” while the other, “unpredictable.”

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Art Law Litigation Intellectual Property 59

Copyright Alliance

MARCH 28, 2024

Today, we turn the spotlight over to one of our community partners, Asian American Arts Alliance (A4). They are a nonprofit “dedicated to strengthening Asian American artists and cultural groups through resource […] The post Community Partner Spotlight: Asian American Arts Alliance (A4) appeared first on Copyright Alliance.

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Art Copyright 70

The IP Law Blog

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.

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Art Copyright Copyright Law Registration 97

IPilogue

SEPTEMBER 16, 2022

On July 18 th , 2022, the world’s second-largest art auction house, Christie’s, announced the establishment of Christie’s Ventures , an investment fund that will support emerging tech companies whose products could have an impact on the art market. The auction house was one of the first art institutions to arrange NFT sales.

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Art Non-Fungible Tokens Technology Journalism 105

Dear Rich IP Blog

DECEMBER 9, 2023

Dear Rich: I am writing a martial arts mobile phone app. The app includes text describing the martial arts movements and choreography illustrating the moves. The martial arts forms have been relatively unchanged since the 1970’s. Is this accurate? Limited ways to express yourself.

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Art Public Domain Copyright Publishing 59

Patently-O

AUGUST 17, 2021

The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.

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The IPKat

AUGUST 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.

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IP Law 360

OCTOBER 10, 2024

A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.

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