SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. An important question that arises is can AI actually invent on its own?

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Invention Inventor IP Ownership 122

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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Inventor Invention Patent Patent Application 52

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. When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant.

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Intellectual Property Inventor Invention Trademark 59

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

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Invention Ownership Patent Intellectual Property 59

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Patently-O

DECEMBER 21, 2022

102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. 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.

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Inventor Invention Designs Design 73

LexBlog IP

MAY 2, 2023

Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. For instance, if enough other jurisdictions decide to allow patents with only AI listed as an inventor, Congress may not want the U.S. It is not impossible that Congress will act.

Inventor 52

Inventor Patent Application Invention Ownership 52

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. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. An inventor is a presumptive owner of any resulting patent rights.

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Inventor Ownership Invention Patent 73

Larson & Larson

JULY 13, 2023

A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. To be eligible for a patent, an invention must be novel, non-obvious and useful. Patents protect functional products and processes.

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Trademark Patent Invention Intellectual Property 40

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.

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Inventor Ownership Contracts Intellectual Property 67

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

Inventor 52

Inventor Moral Rights Patent Invention 52

Patently-O

MAY 15, 2024

Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. Interestingly, although clearly specially designed for use on Dick’s rotary mimeograph, Henry’s ink can itself bore a notice stating it was not to be used on A.B.

Patent Law 109

Patent Law Patent Law Invention 109

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. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Kashishipr

DECEMBER 8, 2021

To seek Patent Protection on it is not possible per se since the element of the inventive step is absent, which is of the three essential pillars on which a patented invention is found (inventive step, industrial use, and novelty). Also, there arise questions of obviousness and ownership rights.

Patent 105

Patent Intellectual Property Invention Ownership 105

LexBlog IP

MARCH 25, 2022

Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. These stakeholders range from inventors, patent owners, licensees and patent examiners. The most direct stakeholders are the inventors who conceptualized the invention that is now patented.

Patent 52

Patent Inventor Invention Patent Application 52

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. by Dennis Crouch. Venture (Fed. ” Pfaff v.

Invention 82

Invention Contracts Licensing Inventor 82

SpicyIP

JULY 6, 2024

Revisiting Business Method Patents in the Software Industry By Anushka Aggarwal In India, the debate over the patentability of business method inventions has taken on new dimensions with the rise of emerging information and communications technologies. Thus, ownership is not a prerequisite for innovation.

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Business Patent Social Media Invention 45

LexBlog IP

APRIL 28, 2023

In 2022, the Federal Circuit ruled that computer programs cannot qualify as inventors under the US Patent Act. It stands to reason that if a computer program cannot invent, it also cannot create a work of authorship. As such, we will not have definitive answers on ownership and protection of AI-generated works for years to come.

Content Creation 52

Content Creation Plagiarism Blogging Ownership 52

Patently-O

JUNE 28, 2023

– Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. At Meta, employees are encouraged to submit patent ideas through an inventor portal. She said, “I tend to minimize my contributions compared to others on my team.

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Inventor Invention Ownership Patent 128

Intepat

JANUARY 24, 2024

*Written by Uttara Nair INTRODUCTION The administration and assignment of intellectual property rights, encompassing patents, copyrights, trademarks, designs, geographical indications, and proprietary knowledge, are critical for all business entities, particularly those in the technology sector.

Intellectual Property 52

Intellectual Property Licensing IP Ownership 52

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. For an invention to be patentable, it must meet specific requirements regarding the subject matter, commercial use of the invention, and the invention’s novelty and nonobviousness.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Patently-O

DECEMBER 13, 2023

Obviousness-type double patenting is a judge-made doctrine designed to prevent applicants from extending patent rights first obtaining an earlier-expiring patent and then obtaining a later-expiring patent with claims that are obvious variants of those in the earlier patent. Opinion by Judge Clevenger, joined by Judges Taranto and Stoll.

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Patent Patent Application Art Ownership 51

LexBlog IP

FEBRUARY 7, 2024

12] Another question that has garnered significant attention relates to the patenting of an invention created by an AI system (and, similarly, the copyright in content created by AI). 13] Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49. [14] 1 November 2023), [link]. [11]

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Publishing Government Litigation Inventor 52

IIPRD

OCTOBER 17, 2022

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. With new advancements in technology, new challenges come forward. Patent Infringement. Conclusion and Suggestions.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

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Invention Inventor Patent Ownership 62

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

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Invention Inventor Patent Patent Application 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. A distributed ledger showing the first inventor, an authorized licensee, etc.

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. A distributed ledger showing the first inventor, an authorized licensee, etc.

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. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

SEPTEMBER 12, 2022

The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. Ownership of Copyright. Ownership under employment. The author of the work will however not have the ownership of the art in case they are employed under an authority. right to copyright will exist.

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Art Copyright Artistic Work Public Domain 52

Intepat

APRIL 4, 2022

’ moment, inventors tend to get excited about sharing it with the world. Will it affect the patentability of the invention? In other words, it calls the idea a lack of inventiveness. Sometimes, there are chances for people in the same field to figure out how to design or implement it based on your idea.

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Public Domain Social Media Patent Invention 97

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. Patents: Inventorship Can an AI, such as ChatGPT, invent?

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

JUNE 15, 2022

1, it, he made inventive contributions and started the inventive process. 1976), or that the process of production he designed and initiated “required great skill” even if “no changes were required.” Though Thaler claims that he has somehow been denied his entitled copyright ownership, Complaint , par.

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Inventor Copyright Art Intellectual Property 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.

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Patent Invention Ownership Inventor 52

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

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Litigation Copying Copyright Designs 143