The IP Law Blog

AUGUST 5, 2021

An artificial intelligence system, which has been described as a device for the autonomous bootstrapping of unified sentience (DABUS), was named as the inventor by Dr. Thaler. DABUS was the inventor of two inventions, a type of improved beverage container and a type of flashing beacon meant to be used in emergencies.

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Invention Inventor Patent Moral Rights 98

IPilogue

NOVEMBER 3, 2022

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.

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Patent Infringement Law Patent Ownership 115

SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 103

Patently-O

JULY 9, 2024

Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

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Patent Invention Inventor Litigation 119

LexBlog IP

NOVEMBER 9, 2023

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 ‘498 Patent is directed to a two-step process for cooking bacon pieces. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

Patently-O

SEPTEMBER 20, 2022

In my view, it is unquestionable that AI regularly contribute to inventive concepts so substantially as to be named joint-inventors alongside their human counterparts, if it were permitted. In the case, the USPTO admitted (for the purposes of the litigation) that DABUS had conceived of an invention. 35 U.S.C. § 100(f)/(g) (2011).

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Inventor Invention Patent Law Patent 81

Patently-O

OCTOBER 11, 2021

US Inventor Inc. In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. In other words, the patent laws are integral to the lawsuit. by Dennis Crouch. Hirshfeld , No.

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Inventor Patent Law Law Patent 80

Kashishipr

OCTOBER 20, 2021

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement.

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Patent Intellectual Property Inventor Government 105

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

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Inventor Invention Patent Infringement Patent Law 69

JD Supra Law

JULY 6, 2021

On June 29, 2021, the Supreme Court clarified the “boundaries” of the patent-law doctrine of assignor estoppel in Minerva Surgical, Inc. 342, 349 (1924), grounded the doctrine in a principle of fairness: an inventor may not assign a patent to another for value and later contend in litigation that the patent is invalid.

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Inventor Patent Law Litigation Patent 52

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. July 26, 2022).

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Inventor Ownership Invention Patent 75

IP and Legal Filings

DECEMBER 19, 2024

The Court determined that an underlying principle of patent law was that only if it had been novel and useful could an invention be issued and would thereby necessarily both be unique and useful. Hindustan Metal Industries, the Indian Supreme Court has discussed the novelty step and obviousness of the invention.

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Technology Invention Patent Intellectual Property 52

LexBlog IP

JULY 31, 2023

In this episode, Yuri delved into the transformative potential of AI in IP Law, offering a glimpse into the future of this exciting field. Let’s dive into the key points discussed: AI in Patent Law : Yuri discusses the potential of AI in the field of patent law.

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Law IP Intellectual Property Intellectual Property Law 52

Intepat

SEPTEMBER 27, 2024

A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products. Understanding the implications of patent thickets is crucial for stakeholders, seeking to foster innovation while navigating the complex terrain of intellectual property rights.

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Intellectual Property Patent Inventor Licensing 52

LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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Invention Inventor Patent Law Law 52

The IP Law Blog

JULY 15, 2021

When the Federal Circuit has been asked to rehear various cases en banc , the multiple, separate opinions have made it even more clear that the court is rather divided as to the boundaries of what is and what is not patent-eligible. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

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Inventor Marketing Marketing Patent 75

The IPKat

JUNE 21, 2024

The IPKat has received and is pleased to host this guest post by former GuestKat Gabriele Girardello (Pavia e Ansaldo), recapping the recently annual meeting of the European Patent Litigators Association (EPLIT). A Swedish cat who's an inventor" according to OpenArt.ai which obviously the discussants couldn’t provide.

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Reporting Litigation Government Patent 69

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. This ruling aligned patent law with the Court’s prior decision in Petrella v. 663 (2014).

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Patent Inventor Patent Infringement Designs 59

SpicyIP

JULY 25, 2023

In this regard, the scientific community can learn from gene patent litigation strategies adopted in the past, in countries like the US (Myriad as discussed below), to help courts and policy makers craft solutions that balance the interests of both the inventing community and public health needs. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97

The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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IP Intellectual Property Social Media Cease and Desist 98

Patently-O

DECEMBER 20, 2023

The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. Yet scholarship on racial and gender inequality in the patent system is growing. In addition, scholars have explored racist and sexist norms baked into the content of patent law itself.

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Government Patent Law Law Patent 69

Patently-O

OCTOBER 26, 2022

Molly Metz is a competitive jump-roper ( 5-time world champ ) and also an inventor of an innovative jump rope handle that allows super speed jumping loved by both competitors and cross-fit freaks. Patent Nos. There has been massive infringement since her patents issued 10-12 years ago. 7,789,809 and 8,136,208. ” XY, LLC v.

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Patent Infringement Inventor Patent Law 81

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors. Practice tip. Right of priority.

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Patent Prosecution Invention Inventor Patent 75

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

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Patent Drafting Patent Inventor Invention 52

The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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IP Intellectual Property Law Law Invention 69

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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Patent Invention Patent Application Government 52

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.

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Law Editing Patent Intellectual Property 64

Intepat

OCTOBER 10, 2024

This practice hinders innovation, as companies are forced to divert resources from research and development into costly legal disputes and licensing arrangements to avoid litigation from patent trolls. Without adequate resources, these inventors might not receive fair compensation for their innovations.

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Patent Troll Patent Invention Licensing 40

43(B)log

FEBRUARY 16, 2024

And an ITC determination that a claimed patent didn’t cover the marked product was sufficient to allege false marking, even if ITC determinations aren’t binding law. “[A]n A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.” patent law.

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False Advertising Advertising Advertising Patent 59

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

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Patent Licensing Intellectual Property Technology 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

TraskBritt Intellectual Property

MARCH 30, 2021

Even if Tesla has no intention of developing the laser system to clean glass surfaces on a car or photovoltaic solar panels, obtaining patent protection will give Tesla the option to enforce the patent against potential competitors by engaging in patent litigation. Steps to Obtain a Patent. Solvay S.A.

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Patent Application Patent Invention Inventor 52

Intepat

OCTOBER 18, 2024

Similarly, for patent and Trademark agents , the controller is empowered to de-register those agents who are guilty of professional misconduct. Both the Act of 1961 and the Trademark and patent law do not define professional misconduct. In this case, a petition was filed against the patent agent for dereliction of duty.

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IP Due Diligence Trademark Government 52

More Than Your Mark

AUGUST 20, 2021

The post Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods appeared first on Patent Law Blog. Contact the intellectual property attorneys at Norris McLaughlin about disputes over intellectual property related to 3-D designs or 3-D printed objects.

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Intellectual Property Designs Design Invention 98

Patently-O

JUNE 27, 2024

23-1231) I’ve previously written about this case which focuses the interplay between statutory provisions and old judge-made doctrines in patent law. 23-1142) This case raises several issues related to patent infringement litigation, particularly focusing on the rights of individual inventors and small entities.

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IP Inventor Patent Infringement Patent 40

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located.

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Intellectual Property Intellectual Property Law Registration Trademark 52