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AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.
What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventionspatentable.
The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. It is safeguarded under the Patent Act, of 1970.
Can you include a logo in your design patentapplication? Let me share a strategy if you’re thinking about filing a design patentapplication for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patentapplication for a product.
A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year. Such inventions may be protectable under federal patent laws.
Are the visual similarities between the accused product and the patented design primarily captured by what is shown in solid lines in the design patent? By asking questions as to what competitors might change, a design patentapplicant may consider showing certain components in broken lines in the design patent figures.
US patent law allows an applicant to file a “child” patentapplication while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed.
Deepak Kumar on 6 September, 2023 (Delhi High Court) The Delhi High Court allowed a petition seeking cancellation of the defendant’s copyright registration on the artwork for its product “Gulcharre Sevaiyan”. The court thus remanded the matter back to the patent office and directed to consider afresh. Manju Singhal v.
The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too.
In just the past year the IPKat has hosted a number contributions on IP and AI generated creations/inventions, including book reviews , a report on the US Copyright Office decision to reject protection for an artwork created by a machine, analysis of the UK IPO consultation on AI and IP, and updates on Dr Thaler’s attempt to name the DABUS algorithm (..)
A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year. Such inventions may be protectable under federal patent laws.
The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patentapplication for insect treatment.
From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patentapplications filed abroad, we had some engaging posts on this blog this week. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.
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. There are two types of patents. Utility patents cover the way an invention works while design patents cover the way an invention looks.
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. It is so complex that patentapplications can only be submitted by a registered Patent Attorney. There are two types of patents.
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