Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. Bio-Rad now argues that it has partial ownership rights to the inventions based upon the inventor’s contributions while employees.

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Invention Inventor Ownership Contracts 92

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”.

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Invention Ownership Copyright Copyright Infringement 115

JD Supra Law

SEPTEMBER 9, 2021

The situation is familiar: an employee leaves one company to go work for another, or perhaps to found her own start-up. She may be working on the same problems that she faced at her former workplace, and in the same technological space. By: Proskauer - Minding Your Business

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Ownership Invention Business Technology 94

IP Watchdog

MAY 26, 2022

A principal purpose of the Bayh-Dole Act of 1980 was imposing a uniform patent ownership policy on all federal agencies. The Bayh-Dole Act established a uniform policy requiring all agencies to waive invention ownership to those making patentable discoveries with their support.

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Ownership Invention Patent Business 122

JD Supra Law

DECEMBER 11, 2023

By: Linda Liu & Partners

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Invention Patent Application Ownership Patent 70

IP Watchdog

MAY 15, 2023

For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. As a result, few inventions were ever developed. And under the guise of increasing domestic manufacturing, they’re well on their way to reasserting control.

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Invention Ownership Licensing Government 130

JD Supra Law

MARCH 7, 2024

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the job—potentially patentable inventions, which may be trade secrets unless patent protection is sought.

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Invention Ownership Intellectual Property Patent 68

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. An important question that arises is can AI actually invent on its own?

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Inventor Invention IP Ownership 122

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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Inventor Invention Patent Ownership 140

IP Intelligence

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. the “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

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Ownership Copyright Registration Public Domain 98

The IPKat

DECEMBER 13, 2021

The headlines are the result of the Project’s filing of parallel applications to patent offices in several jurisdictions over a number of inventions generated by an AI system named DABUS (Device for the Autonomous Boot-strapping of Unified Sentience), invented by Dr Stephen Thaler.

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Inventor Invention Ownership Intellectual Property Law 136

IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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Inventor Ownership Invention IP 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.

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Intellectual Property Registration Design Designs 83

IP Watchdog

AUGUST 2, 2021

2)(aa) of the Patents Regulations 1991 (Cth), which “requires that the applicant, who in this case is Dr Stephen Thaler, must provide the name of the inventor of the invention to which the application relates.” 2019363177 did not comply with reg 3.2C(2)(aa)

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Inventor Invention Ownership Patent Application 131

JD Supra Law

SEPTEMBER 21, 2023

The state of New York has enacted legislation clarifying the scope of an employer's ownership of intellectual property created by its employees (A.

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Invention Intellectual Property Ownership Law 68

IAM Magazine

JULY 27, 2022

Employees are not necessarily always renumerated for their patented or patentable inventions. Therefore, employers are advised to take a number of steps to avoid disruptive issues over the ownership of intellectual property created by their employees.

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Ownership Intellectual Property IP Invention 52

IAM Magazine

JULY 27, 2022

Employees are not necessarily always renumerated for their patented or patentable inventions. Therefore, employers are advised to take a number of steps to avoid disruptive issues over the ownership of intellectual property created by their employees.

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Ownership Intellectual Property IP Invention 52

IP and Legal Filings

DECEMBER 19, 2024

This would make it socially responsible to introduce technological break-throughs into services for the benefit of society, protecting intellectual property on one hand but allowing different voices that will shape the metaverse on the other, stipulating guidelines on data ownership and requiring consent by users.

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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.

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Ownership Inventor Patent Due Diligence 56

IAM Magazine

JULY 20, 2022

IP transactions face difficulties when inventor employees leave a company, raising questions as to whether their inventions are owned by the company. Often, the type of employee and the jurisdiction in question are key factors.

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Ownership Inventor Invention IP 75

JD Supra Law

SEPTEMBER 29, 2021

But how should employers address the ownership of intellectual property created by their employees in the course of their employment? Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets.

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Intellectual Property Ownership Invention Litigation 52

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.

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Inventor Invention Design Designs 77

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). Sometimes, cultural beliefs and notions of communal ownership can. By: McAfee & Taft

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Intellectual Property Law Law Intellectual Property Ownership 108

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Vidal , 43 F.4th 4th 1207 (Fed. PERLMUTTER et al, Docket No. 1:22-cv-01564, Paper No. 16 (D.D.C.

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Invention Intellectual Property Registration Inventor 126

Patently-O

JUNE 28, 2023

– Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. Another female UI designer said, “We are all often working on things with many other people, and so it can feel presumptuous to claim ‘ownership’ over an idea.

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Inventor Invention Ownership Patent 130

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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Intellectual Property Contracts Ownership Invention 98

IP Law 360

APRIL 3, 2024

Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.

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Ownership Patent Invention Publishing 45

IPilogue

JULY 29, 2022

This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. But what are the legal underpinnings that tie Halsey’s (and other artists’) ownership and control of their music? The short answer, as usual in law, is that it depends.

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Music Marketing Marketing Ownership 118

Patently-O

DECEMBER 20, 2023

In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Thaler has argued that the AI (called DABUS) conceived of the particular invention in question and also identified its practical utility. Thaler concerns two patent applications (GB1816909.4

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Invention Inventor Patent Ownership 64

Patently-O

MAY 22, 2024

The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. By an apparent magical operation the language causes title to transfer immediately at the moment of invention. Dr. Core conceived of the invention while pursuing a Ph.D. Core Optical Techs.,

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Ownership Patent Invention Contracts 40

JD Supra Law

AUGUST 23, 2022

In July 2022, the Seventh Circuit issued an opinion making it clear that employers must put in place written invention assignment agreements if they want to ensure ownership of employee inventions. By: Foley Hoag LLP

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Invention Ownership 52

IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Licensing of IP is when an invention or IP rights owner transfers their rights to a licensee for their use, subject to the terms of the agreement. Assignment of License is transfer of ownership.

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Intellectual Property Technology Licensing Invention 105

IP Intelligence

MAY 10, 2021

However, we will focus on an argument advanced by Bio-Rad regarding a co-ownership defense. During the ITC proceeding, an Administrative Law Judge (ALJ) rejected the defense by concluding that Bio-Rad had not shown that the “inventive concept” of the asserted patents was conceived before the inventors left Bio-Rad.

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Ownership Inventor Invention Intellectual Property 52

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

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Ownership IP Non-Fungible Tokens Technology 122

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. Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. 35 U.S.C. § 201(e) (emphasis added).

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Licensing Invention Inventor Government 130

LexBlog IP

AUGUST 29, 2023

If signed into law by Governor Hochul, the legislation would, effective immediately, add to New York labor law a new section 203-f that renders unenforceable provisions in employee agreements that require employees to assign certain inventions developed using the employee’s own property and time. Under S5640, as is the case with Cal.

Invention 52

Invention Ownership Business Law 52

JD Supra Law

AUGUST 24, 2021

But how should employers address the ownership of intellectual property created by their employees in the course of their employment? Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets.

Intellectual Property 52

Intellectual Property Ownership Invention Litigation 52