Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

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Invention Art Patent Design 59

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]. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

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. See [link].

Patent Law 96

Patent Law Law Inventor Patent 96

LexBlog IP

AUGUST 11, 2021

With all these various fast food restaurants entering the fray, why did Chick-fil-A or other early players in the chicken sandwich game not block these upstarts with copyright or patent infringement injunctions? A 2015 court case and trade secret law help shed some light on this question.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Social Media 52

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. For further information and to register, click here.

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Intellectual Property Law IP Invention Patent Law 64

Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. About Our Exclusive Knowledge Partner S. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 89

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Thank you to readers who voted for the IPKat book of the year awards 2022!

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Intellectual Property Editing Intellectual Property Law Designs 98

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

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.

Patent 52

Patent Invention Public Domain Intellectual Property 52

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. The authors also propose a number of counter-arguments against the reasoning of Beach J., Firstly, Kim et al. Finally, Beach J.

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Inventor Patent Invention Intellectual Property 111

Intellectual Property Law Blog

FEBRUARY 25, 2021

This trend strongly suggests that the number of blockchain-related patents will surge in the next couple of years. However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light of these changes to target inventions likely to result in patents.

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Patent Invention Patent Application Patent Law 130

LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. patents.

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Intellectual Property Law Intellectual Property Service Mark Invention 40

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

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.

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Inventor Invention Ownership Intellectual Property Law 134

SpicyIP

SEPTEMBER 24, 2024

Continuing the discussion on patentability of Artificial Neural Networks (ANN), in Part II of his two part guest post, Bharathwaj Ramakrishnan explores the situation in India vis a vis ANNs and application of Section 3(k). His previous posts can be accessed here , here and here. Are the Indian Courts Moving Towards an EPO-Style Jurisprudence?

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Invention Business Patent Intellectual Property Law 87

LexBlog IP

MAY 25, 2023

In our commitment to continually provide valuable tools to our community, we have started integrating recent PTAB (Patent Trial and Appeal Board) decisions into the database. This strategic enhancement offers the much-needed insight into how the USPTO interprets the scope of patent eligible subject. One such law is 35 U.S.C. §

Intellectual Property 52

Intellectual Property Patent Intellectual Property Law Invention 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. What is patent?

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Patent Inventor Invention Intellectual Property 105

Intellectual Property Law Blog

OCTOBER 8, 2021

Hirshfeld , the United States District Court for the Eastern District of Virginia concluded that an AI system cannot be an “inventor” under the Patent Act. The decision confirms that inventions generated by AI are not eligible for patent protection in the United States. See Thaler v. Hirshfeld et al. Civil Action No.

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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

IPilogue

AUGUST 13, 2021

Abbott examines this concept in four legal areas: tax, torts, criminal, and intellectual property law. The patenting process, as Abbott predicted in this book, may need to be drastically changed to recognize AI as an inventor. Patent Offices have not yet issued guidance as to whether AI could be regarded as an inventor.

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Inventor Invention Intellectual Property Intellectual Property Law 105

The IPKat

OCTOBER 31, 2021

Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. has written about this in an article that was recently published in the UIC Review of Intellectual Property Law.

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Patent Invention Intellectual Property Law Intellectual Property 84

LexBlog IP

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.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

Patently-O

AUGUST 7, 2021

Andrew Godsey (Global Technology Transfer Group) and Clarke Nelson (InFact Experts LLC): Comprehensive Overview of Modern Patent Valuation. Margaret Polson (Polson Intellectual Property Law PC): Overview of Design Patents for Software-Related Inventions.

Intellectual Property Law 99

Intellectual Property Law Patent Prosecution Intellectual Property IP 99

Kashishipr

DECEMBER 8, 2021

It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. It is difficult to claim a micro-organism that exists in nature, as also stated above since it is a discovery, not an invention.

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Patent Intellectual Property Invention Ownership 105

Kashishipr

JULY 7, 2021

To draw a sharp contrast between the two, let’s look at them closely: Patents . The invention should be a new addition to state of the art such that it is non-obvious and industrially applicable. The trade secret whose valid patentability is considered doubtful.” Points of Consideration.

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Patent Intellectual Property Invention Patent Law 105

The IPKat

JANUARY 12, 2024

Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. While many thousands of pieces of legislation have been saved from the end of year bonfire, the Government clearly sees REULA as the catalyst for future regulatory departure from EU laws.

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IP Intellectual Property Law Law Invention 64

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

What are Intellectual Property Rights (IPRs)? Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. They prevent others from making, using, or selling the invention without permission.

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Intellectual Property Cease and Desist Invention Brands 52

Patently-O

MAY 30, 2024

. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP). Cellect is now seeking certiorari, and the New York Intellectual Property Law Association (NYIPLA) has stepped in with an amicus brief supporting the petition, arguing that the case presents “questions of exceptional importance.”

Patent 40

Patent Intellectual Property Law Intellectual Property Law 40

IP and Legal Filings

OCTOBER 28, 2022

Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs. Certain types of intellectual property rights must be considered in relation to the NFTs: 1.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

LexBlog IP

MARCH 4, 2022

What are intellectual property and intellectual property rights? Intellectual property (IP) is a legal term that encompasses a wide range of creations of the mind. This can include inventions, designs, artwork, and even brand names and slogans. Each form protects a specific asset of your business.

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Intellectual Property Due Diligence Invention Business 52

Greenspoon Marder LLP

JANUARY 15, 2019

The proliferation of three-dimensional (3D) printing has led to unique challenges and novel issues in the context of intellectual property law and, in particular, patent law. Due to the protracted nature of the legal system, modern innovation and technological advancements always seem to outpace the law.

IP 52

IP Music Intellectual Property Law Copyright Infringement 52

IIPRD

FEBRUARY 16, 2024

Formula One can be perceived as an epicentre of inventions and innovations, making intellectual property indispensable in the sport. Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. 18, Harvard Journal of Law & Technology.

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LexBlog IP

APRIL 12, 2023

.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. Eset, LLC, a patent case.

Law 52

Law IP Intellectual Property Copyright 52

Texas Intellectual Property Law Blog

APRIL 30, 2020

Pharmaceutical patents may be rejected in some countries to ensure that medications remain affordable. If you want to learn more about patent law, an attorney may be able to answer your questions. This may make it easier to determine if your invention or improvement of an existing product may be eligible to be protected.

Patent 40

Patent Intellectual Property Design Patent Designs 40

Texas Intellectual Property Law Blog

APRIL 30, 2020

Pharmaceutical patents may be rejected in some countries to ensure that medications remain affordable. If you want to learn more about patent law, an attorney may be able to answer your questions. This may make it easier to determine if your invention or improvement of an existing product may be eligible to be protected.

Patent 40

Patent Intellectual Property Design Patent Designs 40