The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. How then are AI-generated inventions to be protected? The USPTO's guiding principles for AI-assisted inventions The Federal Circuit in Thaler v. Vidal ( 43 F.4th 4th 1207, 1213 (Fed.

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Inventor Invention Design Designs 77

Patently-O

JUNE 28, 2023

– Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. Women submitted less than 10% of the ideas I received, despite making up more than 30% of the technical and design roles in the organizations I supported.

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Inventor Invention Ownership Patent 130

IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

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Intellectual Property Technology Licensing Invention 105

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

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Inventor Invention Patent Application Designs 120

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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Intellectual Property Contracts Ownership Invention 98

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 64

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). 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?

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Inventor Invention Law Ownership 52

LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.” Merkin , 791 F.3d

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SpicyIP

OCTOBER 14, 2024

Levi Strauss And Co vs Dinesh Sharma on 26 September, 2024 (Delhi District Court) Image from here The plaintiff sought a permanent injunction against the defendant for infringing on its trademarks, including “LEVI’S,” the “Two Horse Logo,” and the “Arcuate Stitching Design.”

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Trademark Registering Trademarks IP Copyright 105

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. ’ Conclusion.

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Patent Intellectual Property Invention Ownership 105

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.

Design 52

Design Designs Trademark Copyright 52

Kashishipr

APRIL 13, 2022

Therefore, an NFT can refer to a digital art piece or can be linked to a physical product for proving the authenticity or ownership of the said product. For obtaining beyond doubt ownership of such a virtual product design, specifically in the legal environment, IP protection must be carefully considered and dealt with diligently.

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Intellectual Property IP Non-Fungible Tokens Brands 116

Intepat

APRIL 4, 2022

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. Hence, we must understand that NDAs do not offer full protection from your invention going public.

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Public Domain Social Media Patent Invention 97

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 111

Patent Law Patent Law Invention 111

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. The neck-portion is more costly and the inventions here generally allow for a reduced neck size while still including tamper-evident formations. 35 U.S.C. § Plastipak Packaging, Inc. Premium Waters, Inc.

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Inventor Invention Designs Design 75

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. Peter Sgromo v. Leonard Scott ( Fed. ” Bestway (USA), Inc. ” Bestway (USA), Inc. Sgromo , 2018 WL 3219403 (N.D. US7046440B1.

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Ownership Patent Law Invention Licensing 72

SpicyIP

MARCH 9, 2025

PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. Controller of Patents , the appellants were denied the opportunity to endeavour to establish that the claimed invention did not stand disqualified as per S.3(i).

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Trademark Patent Copyright Patent Application 59

SpicyIP

SEPTEMBER 8, 2021

The Committee Report’s observations on TK start off with a lament on how TK and indigenous inventions by grassroot level innovators often do not meet the criteria of patentability and how the lack of a proper statute renders such inventions without protection. Highlights from the Report.

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Reporting IP Invention Government 119

JD Supra Law

JANUARY 10, 2023

If another company claims that it was the first to invent a piece of your intellectual property (IP), would you be ready to respond with the design notes, sketches, and troubleshooting discussions your team generated during development?

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IP Intellectual Property Ownership Invention 52

SpicyIP

AUGUST 23, 2024

In this post, Vishno Sudheendra and Kevin Preji use this order to look into the scope of Section 3(p) with regard to non-medicinal inventions, and with an emphasis on the phrase “in effect traditional knowledge” Vishno and Kevin are third year law students at the NLSIU, Bangalore. The Court after defining TK proceeds to discuss S.3(p)

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Patent Invention Patent Application Art 105

IIPRD

NOVEMBER 7, 2024

In today’s world, there has been considerable growth in remote jobs, gig-economy work and artificial intelligence tools which introduce new complexities with the ownership of worker creations. With the increasing prevalence of AI tools and hybrid work models, the traditional understanding of ownership and IP becomes obscure. [2]

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Intellectual Property Ownership Journalism Contracts 52

Patently-O

FEBRUARY 13, 2023

Sywula sued for correction of invention, and the District Court initially dismissed the case on standing, but – after an amended complaint – has now agreed that Sywula has met the requirements to survive a pleading-stage demurrer. In patent law, inventorship is tied directly to ownership. Then came the patenting.

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Inventor Ownership Invention Patent 75

Intellectual Property Law Blog

MAY 2, 2023

is to “offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” There are significant questions about the ability to patent inventions that were conceived with the assistance of AI.

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Kashishipr

JUNE 23, 2021

Generally speaking, IP laws safeguard the right of the proprietor of the original work or invention, including literature, inventions, logos, designs, etc. .” Therefore, the domain of big data cannot escape the interplay of IP laws in its administration and protection against third parties. Big Data and Patents.

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Intellectual Property Invention IP Copyright 98

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

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Intellectual Property Design Patent Designs Design 76

Patently-O

OCTOBER 18, 2021

2891 – Restoring the America Invents Act. 2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle. by Dennis Crouch. Sponsored by Sen. Cornyn, R-TX; Sen. Crapo, R-ID; and Sen.

Patent 56

Patent Ownership Settlement Brands 56

Intellectual Property Law Blog

JANUARY 22, 2024

Intel argued that due to a recent change in ownership of Finjan, Inc., It is not enough for VLSI’s expert to chalk up any difference between the accused product and the asserted claim to a simple “design choice.” After a jury trial in 2021, VLSI was awarded $1.5 The district court denied Intel’s motion.

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Licensing Patent Law Ownership 147

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

Design Patent 72

Design Patent Design Designs Trademark 72

Patently-O

MAY 2, 2022

The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. 126 (1877) (delay excused by “bona fide effort to bring his invention to perfection, or to ascertain whether it will answer the purpose intended”). ” Pfaff v. Wells Elecs., 55 (1998).

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Invention Contracts Licensing Inventor 83

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 13, 2024

This decision, however, left an important question unanswered: Are inventions created with AI assistance patentable? Today, the United States Patent and Trademark Office (USPTO) has shed light on this matter with its latest guidelines for AI-assisted inventions.

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Inventor Invention Patent Patent Application 52

IIPRD

JUNE 13, 2024

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. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

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Intellectual Property Inventor Invention Trademark 59

SpicyIP

NOVEMBER 7, 2022

1 filed an application seeking amendment to its written submission to withdraw admission regarding the Plaintiffs being the owner of the copyright in their subject work, and to dispute such ownership claimed by the Plaintiff. Avery Dennison Corporation vs Controller Of Patents And Designs on 4 November, 2022 (Delhi High Court).

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

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Designs Design Ownership Design Patent 53

LexBlog IP

AUGUST 16, 2023

IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business. This might include brand names, product line names, style names, or even unique packaging or product design.

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Due Diligence IP Intellectual Property Ownership 52

IP and Legal Filings

OCTOBER 30, 2022

Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. Jurisprudence has also established the doctrine of prior use as a basis for trademark ownership. Image Source: iStock].

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Trademark Intellectual Property Registration IP 98

Patently-O

JANUARY 19, 2024

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. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

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Inventor Ownership Contracts Intellectual Property 69