Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

Inventor 94

Inventor Patent Law Invention Law 94

SpicyIP

AUGUST 1, 2021

In this 2-part post, in part I, I will be analyzing the suggested amendments to Section 3 of the Patents Act (the substantial provisions) and part II will cover the suggested amendments to some of the procedural provisions of the Act. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable.

Reporting 108

Reporting Patent Law Law Patent 108

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. Many non-experts assume that these rules have an air of natural law to them and deduce implications which do not follow.

Inventor 136

Inventor Invention Ownership Intellectual Property Law 136

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.

Inventor 140

Inventor Invention Patent Ownership 140

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.

Technology 52

Technology Invention Patent Intellectual Property 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. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

Inventor 78

Inventor Invention Designs Design 78

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 principal question at hand is whether non-human entities, such as AI systems, should have legal capacity.

Inventor 111

Inventor Patent Invention Intellectual Property 111

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

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. Also, there arise questions of obviousness and ownership rights. Many times, a patent is a result of constant trial and error.

Patent 105

Patent Intellectual Property Invention Ownership 105

Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Dr. Core conceived of the invention while pursuing a Ph.D.

Ownership 40

Ownership Patent Invention Contracts 40

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 2022), cert.

Invention 64

Invention Inventor Patent Ownership 64

The IPKat

NOVEMBER 4, 2022

The patent chapter addresses patentability subject matter, inventive step or non-obviousness, enablement or sufficient disclosure, inventorship, and other forms of protection such as utility model. She also highlights areas in need of further investigation, such as ownership and moral rights.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

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.

Inventor 110

Inventor Invention Art Patent 110

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. This exposes some concerns about our patent laws.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

Inventor 52

Inventor Invention Law Ownership 52

The IPKat

NOVEMBER 4, 2021

The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention. The first (chapter 7), by Dan L.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. On appeal now, the Federal Circuit has refused to hear the case — finding that a patent ownership dispute does not “arise under” the patent laws. Peter Sgromo v. Leonard Scott ( Fed. See, Gunn v.

Ownership 72

Ownership Patent Law Invention Licensing 72

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?

Invention 112

Invention Inventor Patent Law 112

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? The US, the European Patent Office, and Australia all have considered this question. DABUS made inventions. 7 provides: "Right to apply for and obtain a patent. (1)

Inventor 93

Inventor Invention Intellectual Property Patent 93

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims.

Trademark 59

Trademark Patent Copyright Patent Application 59

Patently-O

FEBRUARY 13, 2023

Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. 3d 659 (Fed.

Inventor 75

Inventor Ownership Invention Patent 75

IP and Legal Filings

JUNE 15, 2023

A part of TK is exposed for patent review whereas the rest is kept undisclosed. Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge.

Ownership 98

Ownership Privacy Public Domain Copyright 98

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. Inventorship in the US is a critical component of patent ownership. Inventorship. Practice tip.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

The IP Law Blog

MARCH 30, 2023

Further, anyone holding rights in the invention must also qualify as a small entity. In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

Business 98

Business Inventor Patent Licensing 98

Intepat

DECEMBER 4, 2023

In today’s complex products such as cameras, mobile phones, and cars, numerous patented innovations are often integrated and these patents are granted by national or regional patent offices, covering specific countries or regions. The benefits of patenting are manifold.

Patent 52

Patent Ownership Intellectual Property Invention 52

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. by Dennis Crouch. Venture (Fed.

Invention 83

Invention Contracts Licensing Inventor 83

The IPKat

JULY 16, 2024

This tome was first published in 1884 by Thomas Terrell, and in the 140 years since, has become a well-established authority for patent practitioners and judges, providing thorough commentary on both the substance and practice of UK patent law. Chapter 7 examines the determination of the priority date of an invention.

Law 64

Law Editing Patent Intellectual Property 64

LexBlog IP

FEBRUARY 17, 2023

For instance, the USPTO askes, “[i]f an AI system contributes to an invention at the same level as a human who would be considered a joint inventor, is the invention patentable under current patent laws?” ” Stephan Thaler is currently appealing the ruling to the U.S.

Inventor 52

Inventor Invention Patent Application Ownership 52

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. underlining added).

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Patently-O

JANUARY 19, 2024

Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

SpicyIP

AUGUST 15, 2021

They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs. Thematic Highlight. Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

Licensing 83

Licensing Government Reporting Patent Law 83

LexBlog IP

SEPTEMBER 6, 2021

Willie Wonka famously said that invention is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple. South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. South African issued Patent No. South African issued Patent No.

Inventor 40

Inventor Invention Ownership Patent Law 40

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. Keep in mind; our patent system is a first-to-file patent system – meaning, it will generally only award patent rights to the first patent applicant.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52