LexBlog IP

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. ” And, nothing in the Act dictates the contrary conclusion.

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Kluwer Copyright Blog

SEPTEMBER 29, 2021

Thaler [2021] APO 5 , which allowed listing AI system DABUS as an inventor in a patent application. It is interesting to explore what implications this decision could have in the field of copyright. The DABUS case refers to an international patent application where AI DABUS was listed as an inventor.

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SpicyIP

MARCH 20, 2023

In yet another order dealing with unreasoned rejections of a patent application, the Delhi High Court comes down heavily on the Indian Patent Office. Praharsh and Swaraj write about this order, underscoring the role played by well-reasoned orders in the appeals before the high court and patent bargain.

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IIPRD

OCTOBER 7, 2024

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.

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Intellectual Property Law Blog

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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Velocity of Content

MARCH 16, 2022

but also the common law or civil law history of cases) did not yet countenance the assertedly “independent” creations of an AI, of which there are many types. Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. Importantly, the U.S.,

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The IPKat

NOVEMBER 4, 2021

Burk, considers the patent context, titled AI Patents and the Self-Assembling Machine ; the second (chapter 8), titled Challenges of Artificial Intelligence to Patent Law and Copyright Law and Countermeasures , by Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang, considers both patent and copyright.

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The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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The IPKat

OCTOBER 6, 2023

Anna Maria Stein commented on the recent US Copyright Office decision to issue a Notice of Inquiry on the Federal Register in order to obtain factual information and view on the issue related to the intersection of copyright law and Generative Artificial Intelligence.

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Intellectual Property Office Blog

JANUARY 4, 2022

We are consulting on three specific areas in patent and copyright law:? . Copyright protection for computer-generated works without a human author. Is there a case for protecting AI-devised inventions by IP rights? AI patent applications ? . If or when inventive and creative?AI?exists,

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SpicyIP

NOVEMBER 17, 2023

Intellectual Property Rights (“IPR”) law empowers such techno-entrepreneurs to protect their ideas and inventions from misappropriation and encroachment by others, and thereby, enables them to unlock the true potential value of their intellectual property.

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LexBlog IP

DECEMBER 6, 2021

A trademark cannot be used to protect an invention, coding, or software program. Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”).

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Intepat

OCTOBER 6, 2024

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea.

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SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Saurav Chaudhary v.

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Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

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. enjoy the protection under Copyright laws if you are the first and original creator of these components. Requirements for patentability.

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LexBlog IP

AUGUST 8, 2021

It is not often that one reads a decision which raises not only complex and interesting issues of the correct interpretation of Australian patent legislation, but also calls upon the reader to consider existential and philosophical questions regarding the Promethean role of technology in modern society. And if a human is required, who?

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Barry Sookman

OCTOBER 16, 2022

Standard Computer Equipment Can Support Inventive Concept under Alice [link] 2022-10-10. New UKIPO Guidance Published: Examining Patent Applications Relating to AI Inventions [link] 2022-10-10. District Court grants plaintiff’s injunction in data scraping suit [link] 2022-10-10.

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Patent Trademark Blog

MARCH 18, 2022

When it comes to new ideas, we’re talking about inventions. And inventions can be protected with patents. Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. Not all IP attorneys are patent attorneys.

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IIPRD

FEBRUARY 19, 2021

In her patent application, she claimed that her soup is free from preservatives and artificial additives. All of the above-mentioned instances raise a question “Are the food recipes patentable in India?” A patent is a set of rights granted by the government to the inventor for his invention. The answer is yes.

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Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Obviously, these examiners also need to be given adequate time to scrutinize the ever-increasing number of new patent applications per year thoroughly.

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The IPKat

FEBRUARY 3, 2023

For example, if we ask the Stable Diffusion generator for a “cat wearing a suit” it generates images of dapper cats at the press of a button: As an aside, as it has been discussed previously on the IPKat , there is some uncertainty whether these image outputs are protected under copyright law and, if protected, who owns the relevant copyright.

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LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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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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Patently-O

NOVEMBER 21, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School USPTO Notice, 88 FR 80277 (Nov. The statutory subject matter provision for design patents, 35 U.S.C. § That’s really what this debate is about—whether design patents can and should be awarded for designs that fail to meet the low bar set by copyright law.

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Intepat

OCTOBER 10, 2024

Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. On the flip side, the negative effects of patent trolls are significant.

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IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

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LexBlog IP

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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LexBlog IP

APRIL 10, 2023

important;}} The Four Pillars of Intellectual Property: Patents, Trademarks, Copyrights and Trade Secrets I. Patents A patent protects an invention, granting the inventor exclusive rights to make, use, sell, or import the invention for a limited period.

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SpicyIP

AUGUST 14, 2023

Case: Dow Agrosciences LLC vs The Controller of Patents on 7 August 2023 (Delhi High Court) The petitioner filed an appeal against the impugned order rejecting its patent application for Stabilized Agricultural Oil Dispersions. There were various reasons for refusing the application including lack of inventive step.

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SpicyIP

JULY 22, 2023

It recognizes that generative AI systems are trained by reading, viewing, and listening to copies of human-created works which are subject to copyright protection. The report states that there are no copyright laws right now that would provide protection to any wholly AI generated model or creation (Page no.

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LexBlog IP

MARCH 27, 2023

Kashtanova’s selection and arrangement of the images could be copyrighted (given that Ms. copyright law), that the images of the comic book itself could not be copyrighted as it was produced by a non-human. Patents: Inventorship Can an AI, such as ChatGPT, invent? For example, under U.S. See 35 U.S.

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SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Emerson Process Management Power and Water Solutions Inc.

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SpicyIP

DECEMBER 15, 2024

Highlights of the Week Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case A Divisional Application (DA) by BASF was rejected by the IPO citing delay in filing of application. 2 in respect of the patent application of the petitioner.

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LexBlog IP

JUNE 10, 2022

Should copyright protection be given for AI-generated inventions? In 2018, Thaler filed an application to register a copyright for an AI-generated work produced by one of his AI systems, the Creativity Machine. The Copyright Act affords protection to “original works of authorship.” The Complaint.

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IP Intelligence

JUNE 10, 2022

Should copyright protection be given for AI-generated inventions? In 2018, Thaler filed an application to register a copyright for an AI-generated work produced by one of his AI systems, the Creativity Machine. The Copyright Act affords protection to “original works of authorship.” The Complaint.

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SpicyIP

APRIL 30, 2023

The court accepted the contention and quashed the FIR, reliance was also placed on the decision in the case of Kasim Ali v State of MP which had an identical factual matrix and the court held that provisions of the copyright act are not applicable to electric products such as the wires in this case.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc.

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