SpicyIP

SEPTEMBER 3, 2023

This recent mechanisation by the Delhi High Court is predicated on the assumption that the plaintiff is necessarily the copyright holder of the future work so infringed and has summarily addressed the possibility of a dispute on ownership by allowing the aggrieved party to file an application “seeking clarification”.

Invention 115

Invention Ownership Copyright Copyright Infringement 115

IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Indian Copyright Act, 1957 – sections 30 to 32 provide for licensing. It allows for both voluntary and compulsory licensing. Image Sources: Shutterstock] The transfer is initiated by a license agreement.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. These rights include exclusive ownership benefits and rights against any misuse, alteration, modification etc. Key Features: The invention must be new, non-obvious, and have utility. of their work for a fixed period.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. It is crucial in establishing a transparent record of ownership and transfer, while also safeguarding the rights of all parties involved in the transaction.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

IP and Legal Filings

DECEMBER 19, 2024

A core ethical concern behind patenting Metaverse technology is that it would likely result in monopolies of patents, thereby potentially curtailing growth in open, inclusive platforms and even a type of digital divide by excluding the individual who cannot license or purchase patented ideas. In Bishwanath Prasad Radhey Shyam v.

Technology 52

Technology Invention Patent Intellectual Property 52

Patently-O

AUGUST 26, 2022

The basis for the argument was that the application that led to the patent-in-suit had been filed while Afana had been married (to Kassam) and, by operation of Texas’ community property law, Kassam had an ownership interest in the issued patent that had not been assigned to Mobile Equity and had not been joined as a co-plaintiff.

Ownership 56

Ownership Inventor Patent Due Diligence 56

IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents. underlining added).

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

Kashishipr

JUNE 3, 2021

In the modern world, things such as overseas inter-company transactions of IP, franchising models, licensing, mergers, and acquisitions, etc., Even for authentic inter-company transactions for royalties or license fees, tax authorities of most developed nations necessitate tax on IP assets. The United States of America.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

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.

Inventor 78

Inventor Invention Designs Design 78

Intellectual Property Law Blog

JANUARY 22, 2024

Prior to trial, Intel sought to amend its answer to assert a licensing defense. Intel argued that due to a recent change in ownership of Finjan, Inc., Intel was covered under Finjan’s license with VSLI because both Intel and Finjan were under the control of Fortress Investment Group LLC. The district court denied Intel’s motion.

Licensing 147

Licensing Patent Law Ownership 147

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

SEPTEMBER 5, 2022

Moderna was one such company that was granted a compulsory license. Easy for Moderna to now push for ‘licensing and not abrogating patents’. However, patent ownership controversy with the NIH is a separate story ( here and here ). As reported , these patents have been licensed to both Moderna and BioNTech.

Litigation 137

Litigation Patent Technology Ownership 137

Intellectual Property Law Blog

MAY 2, 2023

New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output. There are significant questions about the ability to patent inventions that were conceived with the assistance of AI. Both the U.S.

Government 237

Government Business Licensing Technology 237

Patently-O

MAY 15, 2024

The proposed solution then was to include a license restriction, printed each machine sold, stating that the patented machine could only be used with stencil paper, ink, and other supplies made by A.B. Supporters argued the bill was necessary to prevent patent suppression and ensure access to inventions. Dick’s favor.

Patent Law 111

Patent Law Patent Law Invention 111

IP and Legal Filings

JUNE 16, 2021

It is important to understand the ownership or possession of IP in case of any such contract with a third party. Law in multiple jurisdictions holds that the first owner of the invention is the inventor and likewise, the first owner of the copyright is the author of the work.

IP 98

IP Ownership Registration Licensing 98

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2. Complaint at 31.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Intepat

JANUARY 24, 2024

Licensing is a legal tool that permits the utilization or reuse of already protected intellectual property. This raises discussions on various factors influencing the decision of licensors and licensees regarding the licensing process. Considerations for sub-licensing, including any specific limitations or financial terms.

Intellectual Property 52

Intellectual Property Licensing IP Ownership 52

Intepat

JULY 3, 2024

On the other hand licensing is a strategy used by individuals who lack resources to independently produce and promote their patented innovation. Licensees remunerate licensors for their privileges, but the ultimate ownership remains with the licensor. Licensing reduces risk but may restrict potential profits.

Licensing 52

Licensing Patent Marketing Marketing 52

LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

LexBlog IP

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention.

Licensing 52

Licensing Invention Government Inventor 52

The IP Law Blog

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. Further, anyone holding rights in the invention must also qualify as a small entity. Patents offer many advantages to individuals and companies.

Business 98

Business Inventor Patent Licensing 98

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. The plaintiff submitted that it was the owner of the mark and later by assignment and then by seeking a license it is now a permitted user of the mark.

Trademark 59

Trademark Patent Copyright Patent Application 59

The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? McDonagh discusses the emergence of the author figure as the owner of a dramatic work by analysis of authorship and ownership of plays from the Elizabethan period up to the early twentieth century. The book addresses questions of whom is the author and first owner of a dramatic work?

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

Licensing 56

Licensing Patent Ownership Patent Infringement 56

SpicyIP

JULY 5, 2021

The RTI application was filed in 2019 in response to which the CPIO made the assertion that the scholar has a patent in the USA, on the invention discussed in his thesis. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention. Such quick granting is unlikely.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

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).

Invention 83

Invention Contracts Licensing Inventor 83

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.

Ownership 72

Ownership Patent Law Invention Licensing 72

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo. What are non-fungible tokens?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

JANUARY 27, 2023

In 2016, ONI licensed the Nanoimager from the University, whereby the University received royalties on ONI’s sales of the Nanoimager based on the terms of the IP Provisions. Jing was hired as a research intern “at least in part because of his attributes”, which “made it particularly likely that he would make inventions”.

Inventor 98

Inventor IP Contracts Invention 98

IP Watchdog

NOVEMBER 12, 2021

Massie introduces the Restoring America’s Leadership in Innovation Act to repeal much of the America Invents Act and clarify Section 101 subject matter eligibility.

Ownership 45

Ownership Marketing Marketing Government 45

Technology & Marketing Law Blog

MAY 15, 2024

to license works from the Music Specialist catalog. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” Nealy alleged that he held the copyrights to Music Specialist’s songs and that Warner Chappell’s licensing activities infringed his rights. 17 U.S.C. § at *13-*16.

Music 105

Music Blogging Copyright Ownership 105

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. Licenses A buyer’s legal counsel will review every material contract of a company and look for issues that may occur after close.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 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. What will the future trademark licensing deals in the Metaverse look like? These are non-fungible, implying that they are unique and can never be replaced by something.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Intepat

DECEMBER 4, 2023

Patents enable the establishment of a strong market presence and revenue generation through licensing as well. Patents not only prevent others from patenting the same invention globally, ensuring exclusivity, but they also strengthen a company’s market position by reducing competition and entry barriers.

Patent 52

Patent Ownership Intellectual Property Invention 52

Patent Trademark Blog

APRIL 22, 2022

A US patent application must identify each individual inventor who contributed to the claimed invention whether or not they have ownership rights. By default, the sequence of patent ownership starts with the individual inventors. But, such written license agreements take time and money to prepare.

Ownership 52

Ownership Inventor Patent Licensing 52

Intepat

MAY 24, 2024

Organizations must carefully consider to consider these options when protecting their inventions. Understanding Patents A patent is a legal protection granted by the government to an inventor, providing the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

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.

Inventor 75

Inventor Invention Designs Design 75