The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

Inventor 52

Inventor Invention Law Ownership 52

Patently-O

JANUARY 24, 2023

.” Specifically, this case arises from the Federal Circuit’s denial of a patent to an invention created by an artificial intelligence (AI) system, holding that an AI system is categorically unable to meet the definition of “inventor” under the Patent Act. Thaler attempted to register a copyright for a computer-created work of art.

Invention 126

Invention Intellectual Property Registration Inventor 126

Patently-O

FEBRUARY 12, 2024

” A human who provides a significant contribution may be the sole inventor and original owner, even in situations where the AI provided the greater contribution. No AI Inventors Allowed First, the notice recognizes and follows existing case law that only natural persons can be listed as inventors on U.S. Vidal , 43 F.4th

Inventor 120

Inventor Invention Patent Application Design 120

IP and Legal Filings

DECEMBER 19, 2024

This would make it socially responsible to introduce technological break-throughs into services for the benefit of society, protecting intellectual property on one hand but allowing different voices that will shape the metaverse on the other, stipulating guidelines on data ownership and requiring consent by users.

Technology 52

Technology Invention Patent Intellectual Property 52

IPilogue

MAY 18, 2022

CIPO has reached a conclusion after they recently issued copyright to a piece of art with an AI tool listed as a co-author (along with a human co-author). AI tools that create art (one has even sold for over $400K ), write fiction and non-fiction works (including news articles), and scripts for film and television already exist.

Business 118

Business Copyright Intellectual Property Ownership 118

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”).

Inventor 52

Inventor Invention Art Patent 52

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

Art 52

Art Copyright Artistic Work Public Domain 52

Intellectual Property Law Blog

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 130

Invention Patent Prosecution Inventor Ownership 130

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IPilogue

NOVEMBER 3, 2022

The balance that patent law seeks to achieve is well known, with Article I, Section 8, Clause 8 , of the United States Constitution defining the purpose “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.”

Art 72

Art Copyright Registration Artwork 72

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, those inchoate rights are assignable in a way that decouples inventorship and ownership. Then came the patenting.

Inventor 75

Inventor Ownership Invention Patent 75

SpicyIP

AUGUST 9, 2024

In late June this year, I wrote ( here ) about how Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical Research (ICMR) as a co-patentee or inventor, despite the Health Ministry asserting that the intellectual property rights over Covaxin are “jointly owned” by ICMR and BBIL.

Patent Application 104

Patent Application Patent Inventor Intellectual Property 104

SpicyIP

SEPTEMBER 5, 2022

Some studies have shown that juries favour independent inventors / start-ups over bigger corporate defendants (e.g. However, patent ownership controversy with the NIH is a separate story ( here and here ). However, as is evident, ownership over this technology and its component parts is extremely fuzzy. This David v.

Litigation 137

Litigation Patent Technology Ownership 137

LexBlog IP

OCTOBER 18, 2022

Tale decisione conferma in toto la posizione espressa nel 2020 dalla Sezione ricevente dell’EPO e ribadisce che solo un essere umano può essere designato come inventore nel quadro del sistema retto dalla Convenzione di Monaco (“EPC”). L’art. I fatti all’origine della vicenda: il caso DABUS.

Inventor 52

Inventor Art Ownership Invention 52

Patently-O

MAY 4, 2023

US Patent 9,980,498 has four inventors that are employees of and assigned their interest to Hormel. HIP sued Hormel, alleging that David Howard was either the sole inventor or a joint inventor of the ’498 patent. In evaluating whether a significant contribution was made by Howards, the parties apply the test from Pannu v.

Inventor 72

Inventor Invention Art Ownership 72

Patently-O

DECEMBER 21, 2022

Under this old law, an accused infringer was able to assert a defense of invalidity if the issued patent fails to name the correct inventors. The patents list two inventors, Richard Darr and Edward Morgan. But, on summary judgment the district court concluded they should have listed a third inventor, Alessandro Falzoni.

Inventor 75

Inventor Invention Design Designs 75

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. Practice tip.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IIPRD

JUNE 13, 2024

Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. Ai doesn’t understand what it’s doing in the way that a person does but functionally what it is doing is the same thing that an author or an inventor may be doing.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IPilogue

JULY 7, 2021

The Patent Act contains no express provisions pertaining to the ownership of inventions produced by an employee during the course of their employment. A written contract including an express contractual term contrary to the presumption of employee ownership also overrides the common law rule. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

IPilogue

APRIL 1, 2022

Canadian patents also tended to belong to individual inventors rather than larger assignees, involved fewer inventors, and were cited less frequently, making them relatively less valuable in the global market for innovation. Blit puts forward several potential explanations. Conclusion.

IP 72

IP Intellectual Property Inventor Ownership 72

43(B)log

AUGUST 11, 2022

Representation of Female Inventors on Patent Teams Jordi Goodman Equity would be achieved in 2092 if current trends continue. Curating Black Music: Copyright, Ownership & Commodification Olufunmilayo Arewa Book project: How recording business has shaped identities through curation, including of sexuality and of profits.

Inventor 72

Inventor Music Invention IP 72

Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . Today’s law protects intellectual property to encourage creativity and the incentive to work for the public good by compensating the artist or inventor fairly. . .

Intellectual Property 52

Intellectual Property Inventor Art Music 52

Patently-O

JANUARY 19, 2024

While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

Patently-O

JULY 22, 2022

One complicating issue is that the patent applications list three other inventors who were (apparently) not subject to the agreements with Sleep Number. Additionally, by moving the priority date forward, the applications are now subject to several additional months’ worth of potentially invalidating prior art. Young , 532 F.

Patent Prosecution 80

Patent Prosecution Patent Invention Patent Application 80

IP Intelligence

MAY 9, 2023

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. United States patent no. Iolab Corp. , 3d 1344 (Fed. at 10) (emphasis added).

Inventor 52

Inventor Invention Patent Application Art 52

IP and Legal Filings

SEPTEMBER 8, 2021

Since blockchain plays a pivotal role in the crypto market, several inventors have attempted to legally protect the various components of blockchain technology using patents. NFTs are digital assets that are represented by art, memes, collectible videos, and music pieces. However, this can be prevented with stringent IP laws in place.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

LexBlog IP

MAY 9, 2023

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. United States patent no. Iolab Corp. , 3d 1344 (Fed.

Inventor 52

Inventor Invention Patent Application Art 52

Patently-O

AUGUST 28, 2023

patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Obviousness-type double patenting (ODP) is a judicially created doctrine that prevents an inventor from obtaining a second patent for claims that are not patentably distinct from claims in a first patent.

Patent 52

Patent Invention Inventor Ownership 52

The IPKat

MAY 29, 2023

The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. The hypothetical is set in the art world: a painter makes posters of his works, which are lawfully bought by an art gallery.

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 recent litigation takes place against a backdrop of increased public debate around the law and ethics of AI generated art.

Litigation 143

Litigation Copying Copyright Design 143

Patently-O

DECEMBER 13, 2023

The decision cements that for OTDP analysis, any comparison of unexpected results or long-felt need must be made to the applicant’s own earlier patent claims, not the closest “prior art.” Section 102 of the Patent Act defines prior art, and includes an important exception that is incredibly relevant to the OTDP situation.

Patent 53

Patent Art Patent Application Inventor 53

Patently-O

MAY 15, 2024

.” The new majority opinion authored by Justice John Hessin Clarke emphasized that “the primary purpose of our patent laws is not the creation of private fortunes for the owners of patents, but is ‘to promote the progress of science and useful arts.'” ” The Court rejected the rationale of A.B.

Patent Law 111

Patent Law Patent Law Invention 111

More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner. An example of this is a 2014 initiative by Hasbro, Inc. , the toy company that owns the My Little Pony intellectual property.

Intellectual Property 98

Intellectual Property Design Designs Invention 98

The IPKat

DECEMBER 22, 2023

The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement? This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. This is one to watch for 2024.

Invention 112

Invention Inventor Patent Law 112

Patent Trademark Blog

DECEMBER 8, 2021

Are there any patent grace periods that might give inventors more time to file? Grace periods are generally applicable to the pre-filing activities of inventors and others connected to the inventors (e.g., third parties who divulged information taken from the inventors). Whose activities matter?

Inventor 40

Inventor Patent Invention Patent Application 40

LexBlog IP

JUNE 15, 2022

Art, said Stephen, is the human disposition of sensible or intelligible matter for an esthetic end.” The AI is not the maker of the Work but in some sense, the medium or tools of the art, no different than oil paints applied by the artist, brushes handled by the painter, or a camera pointed by the photographer.

Inventor 52

Inventor Copyright Art Intellectual Property 52