Intellectual Property Law Blog

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

IP Watchdog

AUGUST 2, 2021

The Honorable Justice Beach, in a very thorough judgment, set aside the decision of the Deputy Commissioner of Patents that patent application no. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

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Inventor Invention Ownership Patent Application 131

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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Inventor Invention Patent Patent Application 52

Intepat

MAY 24, 2024

Two key methods for the same are patents and trade secrets, offering different approaches, advantages, and risks. Organizations must carefully consider to consider these options when protecting their inventions. Patents offer strong legal protection but come with high costs and public disclosure.

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Patent Intellectual Property Confidentiality Invention 52

Patently-O

JULY 22, 2022

Steven Young and Carl Hewitt developed technology for monitoring infant biometrics. The result was SleepIQ technology for Sleep Number smart beds. ” The agreement expressly excluded some areas: “monitoring technologies for sudden infant death syndrome” and “blood pressure.” by Dennis Crouch.

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Patent Prosecution Patent Invention Patent Application 80

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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Invention Inventor IP Ownership 122

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S.

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LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The nations in which the Contractor seeks to file the patent application. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

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Intellectual Property Invention Contracts Patent Application 52

IPilogue

NOVEMBER 1, 2021

The emergence and rapid development of highly advanced technologies affects virtually every aspect of our day-to-day lives, and in the absence of more explicit legislative authority, the time has finally come for judiciaries to wrestle with the subject matter. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al.

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Inventor Patent Invention Intellectual Property 111

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

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Intellectual Property Due Diligence Public Domain Government 116

Patent Trademark Blog

APRIL 22, 2022

Why assign the patent to your company? A US patent application must identify each individual inventor who contributed to the claimed invention whether or not they have ownership rights. That is why a patent application would never identify a company only.

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Ownership Inventor Patent Licensing 52

IP Tech Blog

MARCH 15, 2022

Once commerce resumes between Russia and the affected countries, foreign owners of Russian patents should have documentation readily available to demonstrate such commercial activity in the hope that Russia authorizes retroactive compulsory licensing payments. underlining added).

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Licensing Patent Application Patent Prosecution Invention 67

LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. As a software developer, investor, visionary that has invested significant time and resources into software technology, it is crucial not to share the details of your innovation until you have taken steps to protect it properly.

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Intellectual Property Patent Application Invention Branding 52

Kashishipr

DECEMBER 8, 2021

To seek Patent Protection on it is not possible per se since the element of the inventive step is absent, which is of the three essential pillars on which a patented invention is found (inventive step, industrial use, and novelty). However, a modified form of life may be considered a patentable subject matter.

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Patent Intellectual Property Invention Ownership 105

LexBlog IP

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

LexBlog IP

MARCH 25, 2022

And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

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Patent Inventor Invention Patent Application 52

LexBlog IP

MAY 11, 2023

Rothschild is likely better described as someone who is capable of slipping a patent application by the Patent Office in very broad terms, then asserting it against technology that is completely different than the invention in the patent. Take the drink mixer invention above.

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Patent Troll Invention Inventor IP 52

Intellectual Property Law Blog

MARCH 3, 2021

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. Patent Eligibility Under the U.S. Patent System. See MPEP § 2106.04.

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Patent Patent Application Invention Technology 100

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

MARCH 15, 2022

Once commerce resumes between Russia and the affected countries, foreign owners of Russian patents should have documentation readily available to demonstrate such commercial activity in the hope that Russia authorizes retroactive compulsory licensing payments. ” (underlining added).

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Licensing Patent Application Patent Prosecution Invention 52

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

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Inventor Moral Rights Patent Invention 52

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). The court in Pannu v.

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Inventor Invention Art Patent 52

Intepat

JUNE 19, 2023

However, commercialization by the owner themself involves considerable risk for the sole reason that owners of intellectual property are businessmen or companies run by businessmen, who may not be experts in intellectual property and the laws applicable thereof. The ownership is not transferred.

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Intellectual Property Due Diligence Ownership Invention 52

IPilogue

APRIL 1, 2022

Blit examined the countries in which Canadian investors filed patent applications and sought to determine the extent to which the Canadian patent regime fosters domestic innovation. He found that Canadians were increasingly filing patents abroad, with more Canadians filing in at least one other country each year.

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IP Intellectual Property Inventor Ownership 73

Patent Trademark Blog

DECEMBER 8, 2021

What can trigger the loss of patent rights is an inventor’s own public disclosure or sale of an invention. Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies.

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Inventor Patent Invention Patent Application 40

Patent Trademark Blog

MARCH 18, 2022

Unlike patents which have a definite expiration, trade secrets can last indefinitely as long as the above requirements are maintained. Trade secrets may not be ideal if your technology can be easily reverse engineered. When it comes to new ideas, we’re talking about inventions. And inventions can be protected with patents.

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Intellectual Property IP Confidentiality Patent Application 52

IP and Legal Filings

JUNE 15, 2023

A part of TK is exposed for patent review whereas the rest is kept undisclosed. Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge. With protecting their TK as trade secrets, the community at aim as perpetual ownership.

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Ownership Privacy Public Domain Copyright 83

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. You can find the application form here. Image from here.

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Patent Prosecution Invention Journalism IP 111

Intepat

APRIL 11, 2023

Parallely, in order to enhance global cooperation amongst members, the government of India and the DPIIT along with WIPO have established the Technology and Innovation Support Centres (TISCs)in India. ELIGIBILITY REQUIREMENTS The scheme provides certain qualifications to be an eligible applicant for receiving benefits under it.

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Intellectual Property Government IP Patent Application 52

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

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Invention Inventor Patent Patent Application 52

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. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created. Thaler concerns two patent applications (GB1816909.4 and GB1818161.0)

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Invention Inventor Patent Ownership 64

Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. The benefits of patenting are manifold.

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Patent Ownership Intellectual Property Invention 52

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

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