World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
JD Supra Law
AUGUST 27, 2024
By: WilmerHale
Book Review: The Future of Intellectual Property
The IPKat
NOVEMBER 4, 2021
This is a book review of The Future of Intellectual Property , edited by Daniel J. Secondly, and more seriously, the title of the chapter is a great hook: Intellectual Property for Humanity: A Manifesto. Gervais , Milton R. Underwood Chair in Law at Vanderbilt University Law School, US. You have our curiosity, Phoebe Li!
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Patent Protection on AI Inventions
Intellectual Property Law Blog
AUGUST 30, 2021
In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.
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Book Review: Intellectual Property as a Complex Adaptive System
The IPKat
JUNE 21, 2022
This Kat is delighted to review “ Intellectual Property as a Complex Adaptive System ” (eds. The book opens with Anselm Kamperman Sanders and Anke Moerland advancing their vision as to why intellectual property (IP) must be regarded as a complex adaptive system (CAS).
Empowering Innovation: The Role of Intellectual Property in Technology Transfer
IP and Legal Filings
MAY 10, 2024
If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Intellectual Property Rights Protection IP licensing is an essential element of technology transfer. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.
White House Executive Order on AI Punts on IP Issues
Intellectual Property Law Blog
NOVEMBER 1, 2023
One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. We provided a summary here. It addresses many of the risks and problems that can arise with AI. We look forward to seeing the USPTO guidance to examiners early next year.
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Critical Analysis on Intellectual Property Rights and its components.
IIPRD
MARCH 4, 2024
Introduction Intellectual Property Rights is a right which is connected with the person or the company’s intangible property. What are the rights in Intellectual Property? Why there is a need to protect Intellectual Property. Components of Intellectual Property Rights and Case Laws.
Intellectual Property Primer Series: Patent Basics
JD Supra Law
NOVEMBER 9, 2023
Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most commonly can be a device, method, chemical composition, or ornamental design. A patent does not give the owner the right to do anything. By: Levenfeld Pearlstein, LLC
Guidance on Patenting Inventions with AI Contributions
Patently-O
APRIL 25, 2023
It is my privilege to discuss the role of generative AI in the realm of intellectual property and the need for clear guidance from the USPTO. As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention.
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The Role of Intellectual Property Rights in India’s Startup Ecosystem: A Pathway to Innovation and Growth.
IIPRD
OCTOBER 7, 2024
Intellectual Property Rights occur as the dynamic instrument to discourse these tasks if the legal protection and development of a situation is beneficial to development and novelty. IPR IN THE FRAMEWORK OF STARTUPS Intellectual Property Rights serves as the keystone for the tenability and the development of new ventures.
AI-assisted inventions: USPTO’s most recent guidance for determining inventorship
JD Supra Law
FEBRUARY 22, 2024
AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention?
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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part II
SpicyIP
JUNE 3, 2024
Considering the reports of the South Centre BOP and BOR on intellectual property, is a massive loss. In fact, India’s experience suggests a significant loss in intellectual property transactions , highlighting the need for a system that prioritizes both innovation and fair compensation for utilising GR/TK.
The Changing Jurisdictional Journey of Intellectual Property Rights and Competition Law
IIPRD
MARCH 21, 2024
Introduction Competition law and intellectual property rights (IPR) are like two different sides of the same coin, as they both work to ensure vibrancy in the market and promote consumer welfare. The changing landscape of intellectual property rights (IPRs) and competition law Isn’t it too early to say that CCI will prevail over IPR?
Osgoode mooters recognized for their oral and written advocacy at the Harold G. Fox Intellectual Property Moot
IPilogue
MARCH 1, 2023
Fox Intellectual Property Moot Team and JD Candidates at Osgoode Hall Law School. Fox Intellectual Property Moot. Madeleine Worndl, Lilian Esene, Jennifer Manley, Ibrahim Arif & Natalie Bravo are competitors on Osgoode’s 2023 Harold G.
AI-Assisted Inventions: Are They Patentable? Who is the Inventor?
Intellectual Property Law Blog
FEBRUARY 14, 2024
Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.
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Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23]
SpicyIP
NOVEMBER 17, 2023
We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. About Intellectual Property Rights Intellectual properties are the manifestation of digital revolution that fuels 21st century technologically-driven economies.
INTELLECTUAL PROPERTY PROTECTION IN THAILAND
Biswajit Sarkar Copyright Blog
NOVEMBER 29, 2024
Thailand has built a comprehensive Intellectual Property (IP) system, aligned with international standards, to protect the rights of creators, businesses and innovators. Managed by The Department of Intellectual Property (DIP) under the Ministry of Commerce it supports a global practice of IP laws.
USPTO's AI-Assisted Inventions Guidance Irks ABA IP Section
IP Law 360
JUNE 20, 2024
Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction."
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It’s No Longer a Secret: Generative AI Can Help Secure and Protect Intellectual Property Innovation Exploration
IP.com
NOVEMBER 1, 2024
In the era of fast-paced technological advancement, the integration of AI in the intellectual property (IP) lifecycle is transformative. For example, R&D divisions at national defense contractors require robust security around ideation because it protects sensitive information and intellectual property.
AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?
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.
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This Week in Washington IP: Improving Invention Education, Intellectual Property Rights During Public Health Emergencies, and the State of the Chinese Economy
IP Watchdog
AUGUST 28, 2023
This week in Washington IP news, as a new school year begins, the United States Patent and Trademark Office (USPTO) looks at the latest research on invention education. federal government can do to patent rights during a public health emergency.
The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment
IP Watchdog
SEPTEMBER 29, 2021
The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.
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A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy
IP Watchdog
JULY 29, 2021
Anti-patent advocates are exploiting the new dynamic of Senator Patrick Leahy, coauthor of the America Invents Act (AIA), who now chairs the Senate Intellectual Property Subcommittee. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.
USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence
The IP Law Blog
FEBRUARY 15, 2024
On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.
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Speakers Conflict on Urgency of USPTO Changes to Accommodate AI in Invention Process
IP Watchdog
APRIL 25, 2023
While many speakers cautioned against moving too quickly to change the rules for AI-generated inventions, others warned that doing nothing could result in chaos for the USPTO and grave economic and innovation losses for the country.
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Calling All Aspiring Inventors, Makers, and Entrepreneurs: Commerce’s USPTO to Host Invention-Con
U.S. Department of Commerce
AUGUST 14, 2024
Patent and Trademark Office (USPTO) will host Invention-Con 2024: Expanding your intellectual property potential. Learn how accomplished innovators use intellectual property (IP) to achieve success. Don’t miss Invention-Con 2024, coming virtually (August 16 only) and in person on August 16 from 11:30 a.m.
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Overcoming Patent Challenges for AI/ML-Assisted Life Sciences (TechBio) Inventions: Strategies for Navigating Section 101 at the US Patent & Trademark Office
JD Supra Law
DECEMBER 5, 2024
However, obtaining patent protection for AI/ML-based inventions in life sciences can be difficult, particularly due to the challenges posed by US Patent & Trademark Office (USPTO) rejections under 35 U.S.C. § By: Mintz - Intellectual Property Viewpoints 101, which governs patentable subject matter.
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USPTO Updates Subject-Matter Guidance to Encompass Impact of Artificial Intelligence
JD Supra Law
AUGUST 16, 2024
Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised guidance will impact AI patent strategies. By: Alston & Bird
Artificial Intelligence and IP: UK IPO consults a second time
JD Supra Law
JANUARY 6, 2022
At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence.
Patent, Copyright, Trademark : What’s the difference?
Erik K Pelton
SEPTEMBER 26, 2024
There are several different forms of intellectual property. A patent generally protects inventions while a copyright protects an original work of creativity. The three that can be registered – in different ways and for different lengths – are patents, trademarks, and copyrights.
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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three
Intellectual Property Law Blog
SEPTEMBER 1, 2021
Note: First published in The Intellectual Property Strategist and Law.com. 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. Part Two. “No
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Book Review: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy
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!
Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three
Intellectual Property Law Blog
SEPTEMBER 8, 2021
Note: First published in The Intellectual Property Strategist and Law.com. 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. Part Three.
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Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility
Intellectual Property Law Blog
OCTOBER 8, 2021
Soon after this decision, members of the Congressional Subcommittee on Intellectual Property asked the USPTO to publish a request for information on the current state of patent eligibility jurisprudence in the United States. 86 FR 36257. See Thaler v. Hirshfeld et al. Civil Action No. 1:20-cv-903-LMB (E.D. September 2, 2021).
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Is Your Blockchain Invention Patentable?
JD Supra Law
MAY 31, 2024
By: Mintz - Intellectual Property Viewpoints The US Supreme Court’s decision in Alice v. CLS Bank (2014) strengthened limits on what subject matter is eligible for patent protection under 35.
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Ironburg Inventions Ltd. v. Valve Corp. 21-2296 (Fed. Cir. Apr. 3, 2023)
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”).
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English Court of Appeal makes Emotional Perception neural network hard to patent
JD Supra Law
AUGUST 14, 2024
There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. Emotional Perception AI Limited brought the case to court after the UK Intellectual Property Office refused to grant a patent to the company. By: A&O Shearman
Intellectual Property in the Workplace: The Battle for Employee Creations
IIPRD
NOVEMBER 7, 2024
India embraces an increasingly changing workforce amid tremendous technological progress and new models of work so the convergence of intellectual property rights and employee innovation has become the reason of legal debate. Incidentally, unclear terms can lead to expensive litigation and disputes. 3] AIR 2015 SUPREME COURT 3479. [4]
SCOTUS: “The More a Party Claims for Itself the More it Must Enable”
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.
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Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works
JD Supra Law
JULY 22, 2024
Over the past two years, the Senate and House have held public hearings to address how, if at all, AI should be regulated and to what extent IP rights should inhere in AI-assisted inventions and creative works. Most recently, in April 2024, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet.
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Recent Statistics Show PTAB Invalidation Rates Continue to Climb
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.
The New Rubric for Obviousness-Type Double Patenting
JD Supra Law
OCTOBER 31, 2024
101, establishing an applicant is entitled to a single patent, “a patent” or the “first” patent, for an invention. By: Mintz - Intellectual Property Viewpoints The basis for obviousness-type double patenting (ODP) is found in 35 U.S.C. §
TechCos, Creators, Lawyers Do Not Agree on Basic Intellectual Property Fundamentals
IP Close Up
DECEMBER 5, 2023
Members of the IP community – including inventors, content creators, bigtech managers, lawyers and educators – do not agree on some of the most basic Continue reading
The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime
Intellectual Property Law Blog
MARCH 13, 2024
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
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