JD Supra Law

SEPTEMBER 16, 2021

By: Caldwell Intellectual Property Law USPTO, EPO, and Precedent- As some readers may recall, the increasing efficacy and ubiquity of artificial intelligence has instigated philosophical and legal debate concerning whether an artificial intelligence may itself be considered the inventor of an innovation it has generated.

Invention 101

Invention Intellectual Property Law Inventor Intellectual Property 101

IIPRD

JANUARY 7, 2025

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. When the present intellectual property system was developed, innovation was more sluggish and concentrated on human creativity.

IP 98

IP Intellectual Property Invention Inventor 98

Intellectual Property Law Blog

FEBRUARY 21, 2024

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. Everyone involved in the filing and prosecution of a U.S.

Invention 130

Invention Inventor Patent Application Patent 130

The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. This model addresses the legal public domain status of both physical and intangible AI creations and inventions. A meow-velous cover!

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

IP Watchdog

MARCH 10, 2025

Until this move Rasheed served as Deputy General Counsel for Intellectual Property Law and Solicitor, which made her the chief litigator for the USPTO. Rasheed will immediately move to the PTAB.

Intellectual Property Law 69

Intellectual Property Law Intellectual Property Litigation Trademark 69

IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. College: LC-1, Faculty of Law, Delhi University [1] The Patents Act, 1970, No.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

IP Watchdog

JUNE 25, 2024

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB.

Intellectual Property Law 117

Intellectual Property Law Intellectual Property Invention Patent 117

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Intellectual Property Law: Cases & Materials 124 (5th ed. Background. Org. , [link] (last visited Apr. xix] Joseph Scott Miller et al.,

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Patently-O

SEPTEMBER 15, 2021

The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years. Therefore, all stakeholders must constantly work together to achieve a balanced intellectual property system for the benefit of our inventors, economy and society.

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131

Intellectual Property Law Blog

MAY 22, 2023

Enablement Section 112(a) of the Patent Act requires that a patent specification includes “a written description of the invention, and of the manner and process of making an using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art…to make and use the same.

Invention 246

Invention Art Inventor Patent 246

Intellectual Property Law Blog

JUNE 5, 2023

Background In 2015, Ironburg Inventions Ltd. . § 315(e)(2); and (2) the “skilled and diligent searcher” inquiry itself with respect to what a skilled and diligent searcher reasonably would have been expected to discover. Ironburg”) sued Valve Corporation (“Valve”) for infringing U.S. 8,641,525 (“the ’525 patent”).

Invention 130

Invention Art Litigation Patent 130

JD Supra Law

OCTOBER 4, 2022

When lawyers talk about “intellectual property law” they usually mean the world of trademarks (names or symbols that identify the source of a product), copyrights (creative works, like paintings, songs, books), or patents (inventions).

Intellectual Property Law 108

Intellectual Property Law Law Intellectual Property Ownership 108

The IPKat

MARCH 24, 2025

Super kids Seven-year-old named Callie from Manchester won the Kids Invent Stuff and Taskmaster Education Competition supported by the UK's Intellectual Property Office. The winning invention was a bath tub that shoots tasks out one end and poops rubber ducks out of the other, which as the winning idea got made IRL.

Intellectual Property 59

Intellectual Property Intellectual Property Law Invention Inventor 59

IP and Legal Filings

DECEMBER 19, 2024

Many courts tried to determine whether a software invention is abstract by devising several tests to determine whether any invention related to computers might be patentable. In the instant case the term inventive step was stretched over the economic value of the inventive. In Bishwanath Prasad Radhey Shyam v.

Technology 52

Technology Invention Patent Intellectual Property 52

IP Watchdog

MAY 14, 2024

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

Intellectual Property Law 64

Intellectual Property Law Invention Intellectual Property Technology 64

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. He is a mechanical engineer and registered patent attorney that focuses his practice on intellectual property law, primarily in patent law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Intellectual Property Law Blog

NOVEMBER 8, 2023

During the IPR, neither party had asserted that these errors were material to the claimed invention. The Federal Circuit found there was no indication that the patentee meant to claim its invention more narrowly that what the specification describes.

Invention 264

Invention Art Patent 264

The IPKat

AUGUST 26, 2024

This book review of “Intellectual Property Law and Culture, the tangification of intangible cultural heritage”, written by Megan Rae Blakely, is kindly provided by Katfriend Victoria Dipla (Greek Lawyer, IGNITE Trainee Solicitor Clifford and Chance LLP London).

Intellectual Property Law 45

Intellectual Property Law Intellectual Property Technology Law 45

Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IIPRD

OCTOBER 16, 2024

PATENT Patent is a right granted to a developer that excludes others from making, selling or even using the invention for a period of time i.e. from the date of application Patent lasts for 20 years. Patents are given in the gaming industry for protecting technological inventions. Harmeet Singh for copyright infringement.

Intellectual Property 59

Intellectual Property Graphic Design Trademark Copyright 59

Intellectual Property Law Blog

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.

Invention 162

Invention Patent Application Inventor Government 162

The IPKat

DECEMBER 13, 2021

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. In our recent paper, we critique Abbott’s proposal whilst contemplating AI’s status as property or person. Possession of things (rivalrous) entails the exclusion of others.

Inventor 136

Inventor Invention Ownership Intellectual Property Law 136

Intellectual Property Law Blog

SEPTEMBER 8, 2021

See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Part One can be viewed here.

Patent 189

Patent Patent Application Invention Art 189

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. MPEP Sections to Know – Especially for AI Inventions.

Patent Application 186

Patent Application Patent Inventor Invention 186

LexBlog IP

AUGUST 11, 2021

A 2015 court case and trade secret law help shed some light on this question. In 1987, a man by the name of Norberto Colón Lorenzana claimed to have invented the chicken sandwich while employed for a Church’s Chicken franchise in Puerto Rico.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Social Media 52

IP Law 360

FEBRUARY 15, 2022

Kenyon & Kenyon LLP, a now-shuttered intellectual property law firm, can't revive its fight to recover $9.3 million in unpaid legal fees from a former client that invented a system for music and film downloads, a New York appellate court ruled Tuesday.

Intellectual Property Law 75

Intellectual Property Law Intellectual Property Music Invention 75

Intellectual Property Law Blog

SEPTEMBER 1, 2021

See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Part One can be viewed here.

Patent 212

Patent Patent Application Technology Invention 212

Intellectual Property Law Blog

DECEMBER 15, 2023

Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S.

Art 147

Art Inventor Invention Patent 147

Intepat

NOVEMBER 4, 2024

AI’s capacity to generate content, inventions, and insights from this data intensifies concerns, not only about ownership but also about copyright and trade secrets. This article delves into these aspects in detail, exploring the nuanced intersections of data privacy and intellectual property within AI. Rajagopal v.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

IPilogue

JANUARY 10, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. To do this, the computer must be deemed an essential element of the invention. This has been a historically tumultuous area of patent law.

Invention 104

Invention Patent Intellectual Property IP 104

Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. It also allows you to license your invention to others and collect a royalty fee. Can the buyer practice your invention, or can you continue to do so?

Invention 52

Invention Patent Inventor Intellectual Property 52

Intellectual Property Law Blog

OCTOBER 6, 2023

The challenged patents both teach a similar claimed invention that is “directed to a poll-based networking system that connects users based on similarities as determined through poll answering and provides real-time results to the users.” ’321 The challenged patents are related and both trace their priority date to U.S. 321 patent col.

Invention 147

Invention Art Patent Technology 147

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

Intellectual Property Law Blog

JULY 26, 2023

Holding Mr. Howard is not a joint inventor because he has not made any significant contribution to the invention. Reasoning Mr. Howard is not a joint inventor because his alleged contribution was not significant when measured against the scope of the full invention. “[T]he

Inventor 130

Inventor Invention Art Patent 130

JD Supra Law

JULY 23, 2021

“Enablement” refers to a requirement that a patent application must describe how to make and use a claimed invention. The purpose behind this requirement is to make the invention available to the public in a meaningful way by describing the claimed invention in such terms that one skilled in the art can make and use it.

Intellectual Property Law 68

Intellectual Property Law Intellectual Property Invention Patent 68

IP Watchdog

MAY 17, 2023

HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. More broadly, questions about inventorship and authorship have become central to recent commentary and speculation about the impact of artificial intelligence (AI) on intellectual property law.

Intellectual Property Law 81

Intellectual Property Law Law Inventor Intellectual Property 81

IPilogue

NOVEMBER 1, 2021

found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents. Second, so to hold reflects the reality in terms of many otherwise patentable inventions where it cannot sensibly be said that a human is the inventor. Firstly, Kim et al. However, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111