Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. He asserted that such restrictions were a legitimate exercise of property rights, an “an ordinary incident of ownership.”

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Patent Law Patent Law Invention 111

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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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

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 Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. Final thoughts It is an adage of the legal profession that bad cases make bad law.

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IPilogue

NOVEMBER 3, 2022

The balance that patent law seeks to achieve is well known, with Article I, Section 8, Clause 8 , of the United States Constitution defining the purpose “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

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Patent Infringement Law Patent Ownership 115

Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024).

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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. For his patent applications Dr Thaler replied ‘ by ownership of the creativity machine “DABUS” ’ ([6]).

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Inventor Invention Intellectual Property Patent 93

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets.

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Business Inventor Patent Licensing 98

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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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.

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Patent Intellectual Property Invention Ownership 105

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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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.

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Inventor Ownership Invention Patent 75

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. The inventor Mark Holt is also owner of Symbiont. Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. patent laws are subject to exclusive jurisdiction of the Federal Court system.

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Licensing Patent Patent Law Intellectual Property 78

Patently-O

DECEMBER 20, 2023

The UK Supreme court based its holding upon the text of the UK Patents Act of 1977 as it reached the same ultimate conclusion as the Federal Circuit in Thaler v. These Thaler cases showcase that under the current patent law regime, autonomous AI systems cannot qualify as inventors entitled to patent rights, irrespective of their creativity.

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Invention Inventor Patent Ownership 64

SpicyIP

JANUARY 31, 2024

Bar and Bench ( paywalled ) reported that the case is not only concerned with the use of the above image but also the tagline “Inventors of Butter Chicken and Dal Makhani.” For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan.

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IIPRD

JUNE 13, 2024

Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. Ai doesn’t understand what it’s doing in the way that a person does but functionally what it is doing is the same thing that an author or an inventor may be doing.

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Patently-O

JANUARY 19, 2024

This can become in cases like this because Universal has created a large patent portfolio that all claim back to original priority documents from more than a decade ago. While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. ” Brian Barnett. MLB Advanced Media, L.P.,

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LexBlog IP

MAY 2, 2023

Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. For instance, if enough other jurisdictions decide to allow patents with only AI listed as an inventor, Congress may not want the U.S. under the Patent Act.

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Inventor Patent Application Invention Ownership 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent.

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Patent Prosecution Invention Inventor Patent 75

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

Intepat

DECEMBER 4, 2023

Patentability: It should not fall into the category of exceptions or subjects that are not patentable as per the relevant patent laws. The Ownership Dilemma In the realm of patents, it’s essential to differentiate between the inventor and the applicant, holder, or owner of the patent.

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Patent Ownership Intellectual Property Invention 52

Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . Products that derive from the human intellect that the law protects from unauthorized use are defined as intellectual property. Code covers patent law. .

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Intellectual Property Inventor Art Music 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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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 patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period. by Dennis Crouch. Venture (Fed. ” Pfaff v.

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Invention Contracts Licensing Inventor 83

More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner.

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Intellectual Property Design Designs Invention 98

The IPKat

DECEMBER 22, 2023

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything? Use of large language models in the patent industry: A risk to patent quality?

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Invention Inventor Patent Law 111

LexBlog IP

APRIL 28, 2023

Patent law has about a year’s head start on this issue, but the decisions have not been pro-AI. In 2022, the Federal Circuit ruled that computer programs cannot qualify as inventors under the US Patent Act. This can help avoid any disputes over copyright ownership down the line. Vidal , 43 F.4th

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Content Creation Plagiarism Blogging Ownership 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

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

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Intellectual Property Cease and Desist Copyright Law Music 52

Patent Trademark Blog

DECEMBER 8, 2021

Are there any patent grace periods that might give inventors more time to file? Grace periods are generally applicable to the pre-filing activities of inventors and others connected to the inventors (e.g., third parties who divulged information taken from the inventors). And how late is too late?

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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.

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Design Designs Trademark Copyright 52

Biswajit Sarkar Copyright Blog

DECEMBER 6, 2022

It can aid in the verification of the original creators and inventors of a particular work or invention. The time-stamping feature of blockchain can also be of immense aid in providing immutable evidence to prove the ownership of any work. The ‘Smart Contract System’ is another solution to IP management and other IP Transactions.

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IP Contracts Ownership Intellectual Property 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

MARCH 27, 2023

” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship. Instead, OpenAI treats the matter as one of ownership via contract law. No, according to various patent offices and patent laws around the world. ” See OpenAI, FAQ ( Copyright ).

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Intellectual Property IP Inventor Copyright 52

LexBlog IP

JUNE 15, 2022

Though Thaler claims that he has somehow been denied his entitled copyright ownership, Complaint , par. One need only look at a recent Australian case also involving Thaler , where he was trying to establish an AI program as an inventor entitled to recognition under the patent laws. 263, 319-320 (2020) ]. Vidal , Case No.

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Inventor Copyright Art Intellectual Property 52

SpicyIP

JULY 6, 2024

Thus, ownership is not a prerequisite for innovation. In Yahoo v Controller of Patents and Rediff.com , the Intellectual Property Appellate Board (IPAB) upheld the exclusion, emphasizing that patents are not needed as incentives in this domain.

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Business Patent Social Media Invention 45

Kluwer Copyright Blog

SEPTEMBER 6, 2023

as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” According to the District Court: the act of human creation was thus central to American copyright from its very inception; and non-human actors need no incentives with the promise of exclusive rights under United States law.

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