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

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Inventor Patent Invention Intellectual Property 111

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

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Inventor Invention Ownership Intellectual Property Law 135

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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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

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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Inventor Invention Law Ownership 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

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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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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Inventor Invention IP Ownership 122

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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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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Inventor Invention Ownership Patent Law 40

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. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

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 76

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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Intellectual Property Inventor Invention Trademark 59

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law.

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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. However, a modified form of life may be considered a patentable subject matter. Whether or not Patents over Life Forms should be Granted?

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Patent Intellectual Property Invention Ownership 105

IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

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Patently-O

FEBRUARY 13, 2023

During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case. Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting.

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Inventor Ownership Invention Patent 73

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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Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

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Inventor Ownership Contracts Intellectual Property 67

SpicyIP

JULY 6, 2024

Discussing the exclusion of business method patents in India’s software industry and arguing in favor of such exclusion, we are pleased to bring to you this guest post by Anushka Aggarwal. Traditionally, India has excluded business methods from patentability but has granted copyright protection to computer software.

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Business Patent Social Media Invention 45

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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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

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

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Patent Trademark Blog

DECEMBER 8, 2021

Why do patent grace periods matter? Procrastinating can be an unforgiveable offense when it comes to patenting. Nearly every country has a timing requirement for filing patents. Tardiness can lead to an irrevocable loss of patent rights. Are there any patent grace periods that might give inventors more time to file?

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Barry Sookman

JANUARY 30, 2022

Copyright Ownership, Transfers, and NFTs [link] 2022-01-25. Is crypto code law? ARTIFICIAL INTELLIGENCE NOT AN “INVENTOR” UNDER EUROPEAN PATENT LAW: Is Canada heading down the same path? Computer and Internet Weekly Updates for 2022-01-22 [link] 2022-01-23. 2021 ONSC 369 (CanLII) | Cicada 137 LLC v.

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Ownership Inventor Patent Law Law 57

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

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

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. Can you use it in the ways you want to? AI isn’t human.

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Designs Design Trademark Copyright 52

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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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. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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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. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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More Than Your Mark

AUGUST 20, 2021

3-D Printing and Copyrights, Patents, or Trademarks. 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. Copyrights. Take care in such situations to avoid unintended problems. Trademarks.

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Intellectual Property Designs Design Invention 98

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Non-disclosure Agreements (NDAs) for Ownership. Patent Protection for Functionality. The most time-sensitive of all filings are your patent filings.

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IP and Legal Filings

NOVEMBER 30, 2022

More and more loans are being supported by certain intellectual property assets, such as copyrights, designs, and patents, or revenue streams connected to these assets. Ownership of intellectual property (IP) used as collateral often belongs to the borrower.

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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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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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Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. 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.

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