Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? 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. What is to Come for AI Art?

Artwork 96

Artwork Blogging Art Copyright 96

IP and Legal Filings

JUNE 27, 2022

The urgence for the same was felt due to refusal of foreign exhibitors to attend the International Exhibition of Inventions in Vienna, Austria, 1873, fearing that their ideas would be stolen and will further be exploited commercially in other nations. Section 2(1)(ja) of IPA defines the term ‘inventive step’.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

Patently-O

MAY 20, 2024

The doctrine of obviousness-type double patenting is a long-standing, judicially-created doctrine aimed at preventing inventors from improperly extending their patent monopoly by patenting obvious variations of the same invention in multiple patents. Normally the obviousness doctrine first requires identification of prior art.

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Invention Inventor Public Domain Patent 48

Intellectual Property Law Blog

MARCH 15, 2021

Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention. In one reexamination, the patentee sought to antedate prior art by claiming priority to a parent case. After further prosecution, a patent was granted. Conclusion.

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Patent Public Domain Patent Application Art 100

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Fair Use Art Licensing Derivative Work 52

Patently-O

AUGUST 22, 2022

From their inception, the federal patent laws have embodied a careful balance between the need to promote innovation and the recognition that imitation and refinement through imitation are both necessary to invention itself and the very lifeblood of a competitive economy. ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964).

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Patent Law Law Patent Invention 90

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Preventative Measures for Safeguarding a Trade Secret.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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Inventor Invention Patent Patent Application 52

Intepat

MAY 4, 2023

When an inventor is granted exclusive rights over their inventions for a specific period of time, it provides a return on their investment in terms of time, resources and capital. The idea that a specific invention will allow the inventor to reap benefits has a direct effect on incentivising inventors to create and invent more.

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Law Patent Settlement Inventor 52

Patently-O

FEBRUARY 5, 2024

The invention, to justify a patent, had to serve the ends of science—to push back the frontiers of chemistry, physics, and the like; to make a distinctive contribution to scientific knowledge. That is why through the years the opinions of the Court commonly have taken ‘inventive genius’ as the test.

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Law Public Domain Design Patent Invention 44

Patently-O

AUGUST 18, 2023

Dr. Thaler is the same individual who unsuccessfully attempted to protect and invention created by a separate machine that he had titled DABUS. With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain. Copyright Office.

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Copyright Public Domain Copyright Law Ownership 76

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. and Klebsiella sp.,

Art 52

Art Patent Public Domain Invention 52

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search.

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Patent Invention Inventor Technology 52

IP and Legal Filings

SEPTEMBER 20, 2023

While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resources on Yoga Asanas. So, it is extremely difficult to exactly determine when or by whom any Yoga Asana was invented. of India, L.P. first appeared on IPLF.

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Copyright Copyright Law Invention Public Domain 91

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. . That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

IP Intelligence

JULY 19, 2024

Thus, a practitioner should consider what level of effort is required to understand and potentially document the line between AI contribution and inventor contribution or use AI tools in a manner in which the creative scope is restricted to avoid the addition of potentially inventive features by AI tools.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Larson & Larson

JUNE 1, 2021

Novelty is about prior art: can your examiner point to a thing already in the public domain that is practically a kissing cousin of your thing? The 2011 America Invents Act changed the appeals process a lot. Basically, everyone in the industry could come to your conclusion by reading the relevant material.

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Patent Public Domain Inventor Invention 52

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Justin Hughes: discoveries just means inventions. Tension b/t invention and discovery. Visual art rejected at consistently higher rate; music almost never rejected. But how then would an Art.

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Copyright Moral Rights Artwork Art 57

IIPRD

JUNE 6, 2022

The term “Traditional Knowledge” is defined as “Traditional knowledge relates to local and indigenous cultures’ awareness, inventions, and customs all over the world. In order to combat alleged abuses such as biopiracy, several communities have built traditional knowledge databases to document their traditional knowledge as prior art.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

LexBlog IP

APRIL 11, 2023

Want to run a free AI-Powered Prior Art Patent Search ? important;}} INVENTION OVERVIEW: The world of berries has seen an exciting new addition in the form of a red raspberry cultivar, ‘Finnberry’, which is poised to make waves in the industry. Looking for more information on patents ?

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Editing Patent Patent Application Social Media 52

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

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Art Invention Public Domain Publishing 52

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

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Invention Patent Public Domain Inventor 52

IP Intelligence

APRIL 24, 2023

For example, Oracle’s chief technology officer, Larry Ellison, highlighted during the company’s third-quarter earnings call that, yes, indeed, there are other kinds of AI besides chatbots and art generators. Catalda Fine Arts , 191 F.2d AI being developed by Oracle is “reducing hospital readmissions at MD Anderson by 30 percent[.]”

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Ownership Copyright Public Domain Registration 98

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

DECEMBER 1, 2021

An invention relating either to a product or process that is new, involving an inventive step, and capable of industrial application can be patented.Provided the invention is not falling under the categories of inventions that are non-patentable under sections 3 and 4 of the Patent Act. Image Source: gettyimage].

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Invention Patent Art Public Domain 82

The IPKat

MARCH 7, 2022

Furthermore, the primary inventive contribution of the patent was the disclosure of ezetimibe, and not its combined use with simvastatin. However, neither is it necessary that the product in some way corresponds to the "core inventive concept" of the patent.

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Art Public Domain Invention Marketing 114

SpicyIP

NOVEMBER 15, 2022

The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. Dr Vaishali Londhe of NMIMS SPPSPTM wins Patent for Breakthrough Invention. Image from here.

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Trademark Patent Copyright Designs 105

LexBlog IP

APRIL 24, 2023

For example, Oracle’s chief technology officer, Larry Ellison, highlighted during the company’s third-quarter earnings call that, yes, indeed, there are other kinds of AI besides chatbots and art generators. Catalda Fine Arts , 191 F.2d ’” Aalmuhammed , at 1234. ” Alfred Bell & Co. 2d 99, 105 (2d Cir.

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Ownership Copyright Registration Public Domain 64

SpicyIP

MARCH 27, 2023

Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. The respondent had rejected the application holding that the same does not meet the requirements of Section 2(1)(j) as the subject invention constitutes the elements of prior art(s) D2 with elements of D1 and D3.

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IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. A lot of artists are now experimenting with digital art.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 81

SpicyIP

SEPTEMBER 5, 2022

Some argue that neither Moderna nor BioNTech-Pfizer nor Curevac and others who are litigating this tech own the technology – it belongs to the world and is in public domain ( here also). Others argue that some of Moderna’s patent claims are over-broad and may be weakened due to prior art. Thank you to Swaraj for his inputs!

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Litigation Patent Technology Ownership 137

The IPKat

MAY 29, 2023

The hypothetical case is an invention for a diagnostic device and method, all with the use of an artificial intelligence network to analyse data. The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. In the second part, Harrison gradually unfolds the case.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

The IPKat

APRIL 2, 2024

The patent in question was held to be invalid due to two pieces of prior art. The judge emphasised that there is no invention in merely identifying a new chemical compound, and that the invention must lie in identifying the utility. The effect of this decision appears to widen the scope of patentable inventions in the AI space.

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Reporting Patent Invention Litigation 60

SpicyIP

APRIL 17, 2023

Furthermore, the court also observed that the plaintiff has alleged that the defendant has infringed the copyright in its drawing however, prima facie the defendants were able to establish that these drawings are a part of the public domain and thus no exclusivity lies over them. Not re-examining the re-fled application.

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