The IP Law Blog

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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor. Iolab Corp.

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The IPKat

DECEMBER 20, 2023

The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The Supreme Court held that the inventor within the meaning of the 1977 Act must be a natural person, and the AI machine DABUS is not a person let alone a natural person ([54] – [65]).

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Inventor Patent Ownership Reporting 84

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No.

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The IPKat

DECEMBER 13, 2021

One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor. The convoluted contortions that Beach J engaged in to arrive at this conclusion was rejected in England. seahorses).

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The IPKat

AUGUST 31, 2022

Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh? Ownership of IP In a recent curious example, Spice DAO paid $3 million for an original 1975 copy of the Dune bible by Alejandro Jodorowsky. Such ownership sometimes arises “automatically” when a work has been created in the course of employment.

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Ownership IP Contracts Inventor 132

JD Supra Law

JUNE 14, 2023

Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent. By: Bodman

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Inventor Intellectual Property Ownership Invention 55

Patently-O

AUGUST 12, 2021

Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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Ownership Patent Inventor Design Patent 76

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. Hilty, and Peter R. Slowinski expound on the evolving case-law in this subject area. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

Patently-O

APRIL 18, 2023

The basic underlying question has to do with whether an NDA or other agreement can effectively limit an inventor’s ability to pursue patent protection — even in circumstances where the inventor has not transferred patent rights. Take the 1-question survey on LinkedIn.

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Ownership Inventor Patent 67

IP Watchdog

JANUARY 11, 2022

Today, patent data analytics firm IFI CLAIMS released its annual report of the top U.S. patent recipients and active patent family owners, providing the IP world with a look at the patent ownership landscape that developed throughout the course of 2021.

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Ownership Patent Technology Reporting 118

The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The process of patent prosecution determines whether the application contains an invention that may be awarded a patent. A recent EPO Examining Division office action appears to share similar concerns.

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GDB Firm Blog

OCTOBER 26, 2021

The issue of who actually owns a patent or pending patent application is obviously very important. This blog post will briefly explain how patent ownership works under US patent law, so inventors, managers, and other non-experts can better understand this important topic when working with a patent attorney.

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Ownership Inventor Patent Patent Application 52

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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Patent Application Inventor Patent Invention 62

JD Supra Law

FEBRUARY 3, 2022

Lundbeck v Canada (Commissioner of Patents), 2021 FC 1394, the Court granted an application to amend a patent record to remove inventors and a co-owner. A Notice of Allegation (NOA) in respect of the patent was served after the application record was filed.

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Inventor Ownership Patent 52

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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

LexBlog IP

FEBRUARY 17, 2023

2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor.

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Inventor Invention Patent Application Ownership 52

IAM Magazine

FEBRUARY 9, 2022

Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent. Such ambiguity means that contracts between parties are crucial to regulating patent ownership.

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Ownership Inventor Contracts Patent 40

IAM Magazine

FEBRUARY 9, 2022

Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent. Such ambiguity means that contracts between parties are crucial to regulating patent ownership.

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Ownership Inventor Contracts Patent 40

JD Supra Law

APRIL 5, 2024

The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. By: Akin Gump Strauss Hauer & Feld LLP

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Art Ownership Inventor Patent 61

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. This signals a shift in Canadian attitudes towards AI ownership of their work.

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Invention Ownership Intellectual Property Inventor 111

IP Intelligence

MAY 10, 2021

10X) patent claims and, moreover, that 10X practiced the patent claims satisfying the requirement of a domestic industry. However, we will focus on an argument advanced by Bio-Rad regarding a co-ownership defense. More specifically, a number of inventors of the 10X patents had previously worked for Bio-Rad.

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Ownership Inventor Invention Intellectual Property 52

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Usually, the patent stands valid for 20 years from the date of application. Why should I patent my invention?

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Invention Patent Inventor Intellectual Property 105

JD Supra Law

APRIL 15, 2024

Distinguishing Between Inventor and Contributor; Navigating Joint Inventorship, Disclosure of Ownership, Real Party in Interest - A live 90-minute premium CLE video webinar with interactive Q&A - This CLE course will guide patent counsel in identifying and determining inventorship and offer best practices for correcting errors regarding inventorship. (..)

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Ownership Inventor Patent 58

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

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

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Patently-O

AUGUST 29, 2023

The case offers a few key takeaways for entrepreneurs delving into the patent system. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process. Medtronic, Inc. ,

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Inventor Patent Application Business Ownership 62

IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. 2019363177 did not comply with reg 3.2C(2)(aa) 2019363177 did not comply with reg 3.2C(2)(aa)

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Inventor Invention Ownership Patent Application 130

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 52

Patent Trademark Blog

APRIL 22, 2022

Should you own your patent as an individual or under your company? Startups frequently ask whether their patent should be owned by the company or the individual inventors. Why assign the patent to your company? That is why a patent application would never identify a company only. I’m not a tax attorney.

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Ownership Inventor Patent Licensing 52

Intepat

MAY 24, 2024

Two key methods for the same are patents and trade secrets, offering different approaches, advantages, and risks. Patents offer strong legal protection but come with high costs and public disclosure. To qualify for a patent, an invention must be novel, non-obvious, and useful.

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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

LexBlog IP

MARCH 7, 2022

The appointment of an expanded panel (three judges is usual), including the Chief Justice, is notable, and suggests that the court considers the question of whether a machine can be an inventor for the purposes of the Patents Act 1990 to be one of particular legal importance. He will need at least one of these to survive the appeal.

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Inventor Patent Application Intellectual Property Invention 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. patents and patent applications. by Dennis Crouch The U.S. Inventorship Guidance for AI-Assisted Inventions.

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The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). Thereafter, the Laboratory engaged Oxford University Innovation, the technology transfer office wholly owned by the University, to obtain patent protection for the Nanoimager.

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Inventor IP Contracts Invention 98

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

LexBlog IP

FEBRUARY 18, 2024

Patents are so important to your success! As an inventor, there’s nothing more thrilling than having a big corporation take interest in your idea. This is where patenting becomes essential. WHY PATENT AN INVENTION? One of the biggest advantages of patenting is its ability to deter potential infringers.

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LexBlog IP

SEPTEMBER 6, 2021

South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. South African issued Patent No. Commissioner of Patents , VID 108 of 2021, that the same AI invention qualified for patent protection). The EU and the U.S., of Utah v. .”

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