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. One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor.

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Inventor Invention Ownership Intellectual Property Law 134

IP and Legal Filings

AUGUST 4, 2022

Intellectual property rights are statutory rights given to creators, inventors, and artists. The purpose of Intellectual Property Rights is to ensure that sufficient recognition is given to the creator’s work and skills, subsequently stimulating innovation and creativity in the country.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Social Media 80

LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. By: Banks Griffin.

Inventor 52

Inventor Invention Patent Prosecution Law 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 62

Intellectual Property Law Invention Intellectual Property Technology 62

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. 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.

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Inventor Patent Invention Intellectual Property 111

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

Invention 111

Invention Ownership Intellectual Property Inventor 111

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.

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Art Inventor Invention Patent 147

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

Intellectual Property Law 80

Intellectual Property Law Law Inventor Intellectual Property 80

Intellectual Property Law Blog

FEBRUARY 28, 2024

200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . The invention of the patent at issue in the case ( U.S. 35 U.S.C. §

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Licensing Invention Government Inventor 130

The IPKat

JULY 3, 2024

in Germany First of all, some hot-off-the-press news: the German Federal Court of Justice (BGH) has just published its decision on AI inventorship, substantially concluding that a human contribution (not necessarily inventive) is invariably needed, even for AI-generated inventions.

Intellectual Property Law 64

Intellectual Property Law Patent Law IP Invention 64

Patently-O

MARCH 26, 2024

The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such inventors are worthy of all favor. Brady for an improved dredge boat design. 63, 67 (2020).

Invention 57

Invention Art Patent Designs 57

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

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

Texas Intellectual Property Law Blog

JULY 29, 2020

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. A patent is for the design of a brand-new invention. Attorneys may be able to help them regain full control of their inventions.

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Invention Patent Intellectual Property Law Inventor 40

Texas Intellectual Property Law Blog

JULY 29, 2020

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. A patent is for the design of a brand-new invention. Attorneys may be able to help them regain full control of their inventions.

Invention 40

Invention Patent Intellectual Property Law Inventor 40

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. Often, a patent inventor is also a company executive such as the CEO or CTO and their time is limited. What are the possible drawbacks?

Invention 52

Invention Patent Inventor Intellectual Property 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. The study needs a high level of patience and huge investments in time and money.

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Patent Inventor Invention Intellectual Property 103

Intellectual Property Law Blog

FEBRUARY 13, 2024

Teleflex claimed that Itou was not prior art because the invention claimed in the ’116 patent was conceived before Itou’s critical date and was either actually reduced to practice before the critical date or diligently pursued until its constructive reduction to practice.

Invention 130

Invention Art Inventor Patent 130

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

Marketing 119

Marketing Marketing Inventor Invention 119

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

IPilogue

AUGUST 13, 2021

Abbott examines this concept in four legal areas: tax, torts, criminal, and intellectual property law. The section on intellectual property (IP) is particularly intriguing in light of recent events. On July 29, 2021 South Africa approved a patent listing AI as the inventor.

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Inventor Invention Intellectual Property Intellectual Property Law 106

Intepat

NOVEMBER 13, 2023

Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. Women & Patents Women have played a vital role in developing the Industry through their inventions. She had invented a Process for weaving straw with silk or thread.

Inventor 52

Inventor Patent Invention Intellectual Property 52

Intellectual Property Law Blog

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The district court ordered correction of the inventorship for the six patents holding that Ragner should have been a named co-inventor for all of the asserted patents.

Inventor 130

Inventor Designs Design Invention 130

Intellectual Property Law Blog

JUNE 7, 2023

2022) recently confirmed that an inventor under the patent statute must be a natural person. Patent Office two patent applications in which artificial intelligence was identified as the inventor. Without regard to the nature of the invention, the Federal Circuit categorically rejected this characterization of inventorship.

Patent 130

Patent Intellectual Property Patent Application Inventor 130

LexBlog IP

MAY 16, 2023

Some inventors are celebrated for how their creations have profoundly enhanced our lives, while others are frowned upon for leaving behind environmental catastrophes. occupies a peculiar space in the world of inventors, where his groundbreaking works are both applauded and criticized in equal measure. Thomas Midgley Jr.

Intellectual Property 52

Intellectual Property Inventor Patent Invention 52

Intellectual Property Law Blog

OCTOBER 8, 2021

A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request. The decision confirms that inventions generated by AI are not eligible for patent protection in the United States. In Thaler v.

Patent 246

Patent Inventor Invention Technology 246

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

The IPKat

FEBRUARY 16, 2024

US In the US, the debate centres on the legal implications of AI's capabilities and its impact on intellectual property law, including in relation to patentability. Patent and Trademark Office (USPTO) and courts traditionally assess patentability based on the expertise of PHOSITA ( 35 U.S. US , 850 F.

Intellectual Property 117

Intellectual Property Intellectual Property Law Art Inventor 117

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? Guest post by Camilla A.

Patent Law 94

Patent Law Law Inventor Patent 94

Intellectual Property Law Blog

JUNE 23, 2023

A process that is substantially economic, financial, business, social, cultural, or artistic.

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Patent Invention Inventor Business 130

Intellectual Property Law Blog

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. The Federal Circuit looked to the claim language, specification, and the co-inventor declarations submitted with the ’175 patent supplemental examination.

Invention 130

Invention Patent Prosecution Ownership Inventor 130

Kashishipr

OCTOBER 13, 2021

Where it is a public sector entity, like a government initiative or a university, there is often the pressure of publishing and disseminating information at the earliest; whereas the private sector is usually free of such challenges, and major consideration is laid on the nature and value of the researched object or invention.

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Patent Application Patent Inventor Invention 105

The IPKat

JULY 16, 2024

These days, the volume is edited by skilled team of members of the British intellectual property bar, with Douglas Campbell KC taking over as general editor, and Tim Austen as deputy editor, of the latest edition. Chapter 5 explores the life of a granted patent, including the procedure for opposition and the law on employee inventions.

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Law Editing Patent Intellectual Property 60

LexBlog IP

DECEMBER 16, 2021

Founders Legal®, a boutique Corporate & Intellectual Property law firm, has teamed up with the PQAI℠ initiative to launch a free patent search tool. This tool is both powerful and precise, making it an effective resource for individual inventors, entrepreneurs, and small to medium-sized businesses.”

Intellectual Property 40

Intellectual Property Intellectual Property Law Inventor Patent 40

Larson & Larson

NOVEMBER 25, 2021

An innovation by an inventor can benefit them remarkably. This is because, under Intellectual property law, they reserve the exclusive rights to use their innovation as they please. That said, if you are an inventor seeking to patent your innovation, there are certain fundamental facts you need to understand.

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Inventor Patent Application Invention International Patent System 52

LexBlog IP

APRIL 10, 2023

For most intellectual property questions, your attorney can be located anywhere in the United States. This is because most of the relevant intellectual property laws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States.

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Intellectual Property Intellectual Property Law Registration Trademark 52

Canadian Intellectual Property Blog

MAY 12, 2020

Determining inventorship, prior to patent issuance, can save an applicant the costly procedural and evidentiary burden required for correcting the named inventors post patent issuance. Does it appear that one or more of the named inventors have no part in the invention? The test asks two questions: 1.

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Inventor Patent Intellectual Property Invention 52