Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors.

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Patent Prosecution Invention Inventor Patent 75

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 80

IP Watchdog

MAY 22, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, May 21, issued a precedential decision vacating and remanding a district court’s finding that Core Optical Technologies didn’t have standing to sue Nokia due to the language of a contract between the inventor and his employer. where he worked at the time of the invention.

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Inventor Contracts Invention Technology 57

IP Watchdog

MARCH 15, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday affirmed a district court finding that two inventors should be added as co-inventors to a patent for a method of transporting gaseous fluids.

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Inventor Invention Patent Litigation 52

IP Watchdog

OCTOBER 18, 2022

Other robust evidence shows that current Section 101 law has harmed innovation by removing the incentives to develop and commercialize particular inventions of public importance.

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Litigation Patent Invention Law 89

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 128

IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. Thaler and the inventor as “DABUS - The invention was autonomously generated by an artificial intelligence.”.

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Inventor Patent Application Invention Publishing 128

IPilogue

AUGUST 11, 2021

The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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Intellectual Property Inventor Invention Business 112

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. The district court explains: Sywula adequately pleads he sought employment in the field of his claimed invention. July 26, 2022).

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Inventor Ownership Invention Patent 73

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. What was true a century and a half ago remains true today.

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Invention Inventor Patent Law Technology 140

The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? DABUS: An AI inventor or the Emperor's New Clothes? 3 Sep 2020) Is it time to move on from the AI inventor debate? (2 15 Sep 2021) ??

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Inventor Invention Patent Art 120

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

Intellectual Property Law 80

Intellectual Property Law Law Inventor Intellectual Property 80

IP Watchdog

JULY 11, 2022

Court of Appeals for the Fifth Circuit heard oral arguments in US Inventor v. Although the appeal comes to the Fifth Circuit following the district court’s dismissal due to the plaintiffs’ lack of Article III standing, much of the oral arguments focused on whether the Fifth Circuit or the U.S. On July 6, the U.S.

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Inventor Trademark Patent Invention 104

The IPKat

DECEMBER 7, 2021

Whether in speeches, conferences, or articles, no subject engendered more IP conversation. The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. This is where the article gets interesting. Focusing on the U.S., Focusing on the U.S.,

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Patent Troll Patent Litigation Inventor 119

Patently-O

AUGUST 17, 2021

Ironburg Inventions ( Fed. Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. by Dennis Crouch. Valve Corp. Patent Nos. 9,289,688 and 9,352,229.

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Art Litigation Publishing Inventor 123

IP Watchdog

SEPTEMBER 15, 2022

Inventor organization US Inventor (USI) and Ron Katznelson—the author of a widely cited study detailing the link between Patent Trial and Appeal Board (PTAB) judges’ decisions and their compensation—have filed separate amicus briefs supporting New Vision Gaming and Development, Inc. in its most recent appeal to the U.S.

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Reporting Inventor Invention Government 57

IP Watchdog

OCTOBER 12, 2021

Companies, universities, and inventors world-wide noted the importance of AI and began seeking to patent various aspects of AI technology. Until 2018, these patent applications identified a human inventor who invented a particular aspect of the AI technology.

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Inventor Patent Application Invention Technology 73

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party. Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability.

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Inventor Invention Patent Infringement Patent Law 67

IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. The two companies have agreed to settle with Gilead paying $1.25

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Patent Settlement Invention Inventor 120

IP Watchdog

SEPTEMBER 30, 2021

Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic.

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Invention Litigation Art Reporting 122

43(B)log

FEBRUARY 16, 2024

“[T]here must be a new or different false marking violation in order to properly apply the continuous violations theory, not merely a continuous posting of the same falsely marked article.” A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.”

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False Advertising Advertising Advertising Patent 57

IP Watchdog

DECEMBER 5, 2021

The Patent Trial and Appeal Board (PTAB), created by the America Invents Act (AIA) just over 10 years ago, is the most electrifying lightning rod in the industry. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.

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Invention Litigation Patent Inventor 123

SpicyIP

JULY 25, 2023

Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. This article was originally published on Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection.

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Patent Invention Litigation Law 97

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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Patent Infringement Law Patent Ownership 116

The IPKat

MAY 31, 2023

The decision in Amgen v Sanofi thus does not change the status quo whereby achieving functional claim language for antibody inventions represents a significant challenge in the US. The Supreme Court referenced an existing analogy to highlight the challenge faced by the skilled person trying to perform the invention.

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Invention Patent Patent Law Law 92

The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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IP Intellectual Property Law Law Invention 64

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” Filing a patent application first requires an invention. An invention includes both (1) conception and (2) reduction to practice. Steps to Obtain a Patent. Solvay S.A.

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Patent Application Patent Invention Inventor 52

IP Tech Blog

DECEMBER 5, 2022

This article unpacks these rulings and offers takeaways on the decision. The Court here agreed, finding that “nothing in the America Invents Act (AIA) or the Board’s regulations precludes a patent owner from amending a claim to both overcome an instituted ground and correct other perceived issues in the claim.”.

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Patent Art Inventor Invention 57

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Intellectual Property Cease and Desist Invention Branding 52

Intepat

FEBRUARY 13, 2021

? One of the most common reasons an invention is rejected from being protected is the existence of prior art, or that the said invention is not novel and has already been, in fact, for some time now. Keywords: This will help narrow down the search while sticking to the invention’s key elements. ?

Art 52

Art Invention Due Diligence Patent Application 52

Kashishipr

OCTOBER 20, 2021

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. Patents are the most important way in which inventors can protect their inventions.

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Patent Intellectual Property Inventor Government 105

LexBlog IP

AUGUST 19, 2021

The underlying problem is that industrial titans are taking advantage of the politically influenceable IPR process to remove the patent protections of another’s inventions in order to eliminate technological competition. million for a medium-sized case. This certainly begs the question of who the actual “patent trolls” are.

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Patent Troll Inventor Patent Invention 52

LexBlog IP

DECEMBER 5, 2022

This article unpacks these rulings and offers takeaways on the decision. ’” The Court here agreed, finding that “nothing in the America Invents Act (AIA) or the Board’s regulations precludes a patent owner from amending a claim to both overcome an instituted ground and correct other perceived issues in the claim.”

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Patent Art Inventor Invention 52

LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. This can lead to issues in both prosecution and litigation, creating unnecessary expense or invalidation of a related patent.

Invention 40

Invention Patent Art Patent Application 40

IP Watchdog

JUNE 27, 2023

Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.

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Settlement Patent Invention IP 128

Kluwer Copyright Blog

FEBRUARY 2, 2023

And, of course, the debate on computer-generated inventions rumbled on across the world.) ” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS.

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More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

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Intellectual Property Designs Design Invention 98