Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 128

Kashishipr

JULY 28, 2021

It may so happen that in furtherance of uncovering non-literal infringement, the doctrine may help envelop even those elements that may only be impliedly found in the Patent Application. The same is a concern that is also often brought up by those inventors who try to design around the invention in good faith.

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LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor.

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Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Search and its Importance.

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Patent Patent Application Inventor Invention 78

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. While, the patent provides a strong security, it is essential to be aware of its geographical limitations.

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IP Tech Blog

JUNE 18, 2021

Contrary to most legal practice, representing inventors to secure a patent does not require a licensed attorney. Patent agents” can also represent inventors when seeking a patent from the USPTO. On this exam, applicants are tested on laws and rules that address patentability issues and inventor obligations. (A

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Inventor Patent Patent Prosecution Confidentiality 98

The IPKat

FEBRUARY 14, 2024

The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems ”. The guidance further examines the relevance of the so called Pannu test ( Pannu v. Iolab Corp. )

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Invention Publishing Inventor Design 84

Kashishipr

MAY 5, 2021

Patent trolls, as per this point of view, do well to the economy as well as to the inventor since litigation cost has the potential to leave the inventor bankrupt. Point of View 2: Patent Trolls do Hurt Innovation. It is imperative to guard the IP assets through proper registration and renewal procedures.

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Patent Troll Patent Inventor Intellectual Property 98

LexBlog IP

DECEMBER 21, 2023

Stephen Thaler, nelle quali veniva designato come unico inventore il sistema di intelligenza artificiale “DABUS”, di proprietà dello stesso Dott. Stephen Thaler. Le due domande erano state inizialmente respinte dall’UKIPO nel 2019 (decisione disponibile qui ), sostenendo che il Dott. §§ 54-73).

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Inventor Patent Application Patent Intellectual Property 52

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

The inventor should collect as much information as possible about his invention. The inventor should think about the field of his invention, the advantages of such an invention and if that invention can improve already existing solutions. However, not all inventions are patentable subject matter. Patent Search & Drafting.

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Kashishipr

NOVEMBER 24, 2021

It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention. It was much later in 1945 when the Supreme Court recognized that such unqualified conduct of an inventor amounts to damage of public interest. It is a breach of the duty of candor.

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Patent Application Invention Patent Inventor 105

The IP Law Blog

MARCH 10, 2022

The work was created by a machine called “Creativity Machine” and was submitted for copyright registration in 2018 by Steven Thaler. In his copyright application, Mr. Thaler stated that he was the owner of the Creativity Machine and that the machine had autonomously created the work of art using an algorithm.

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Art Copyright Copyright Law Registration 97

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Continued Debates over AI as an Inventor. Around the world, patent registrars grappled with patent applications that credit artificial intelligence software as the inventor. CCM Hockey).

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IP Copyright Infringement Inventor Intellectual Property 105

The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

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Larson & Larson

MARCH 9, 2023

This article will explore the implications of AI inventorship, and discuss its potential benefits to inventors and the world at large. There are several ways in which AI can assist inventors. This can help inventors to quickly and efficiently identify which ideas are worth pursuing. Under 35 U.S.C. §

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IPilogue

NOVEMBER 25, 2021

of patent applications, 31.4% of applications involved both genders or were gender neutral, and women filed 6.2%. The team put on weekly podcasts to spotlight women inventors and held sessions with outside experts to help women with IP processes. The statistics demonstrated that from 2014-2018, men filed 62.5%

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SpicyIP

MARCH 16, 2023

Controller of Patents and Designs ( pdf.), the Delhi High Court in very explicit terms called out the office of Controller of Patents and Designs for doing “little justice to the solemn functions” entrusted upon them with regards to their rejection order of Dolby’s patent application. In fact, at one point (para.

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The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. .

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IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

SEPTEMBER 8, 2021

Since blockchain plays a pivotal role in the crypto market, several inventors have attempted to legally protect the various components of blockchain technology using patents. In recent years, applications for blockchain patents have increased at a rapid rate.

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The IPKat

MAY 20, 2024

Its purpose is to undertake the final stage of negotiations for an international legal instrument that aims to (amongst other things) introduce a disclosure of origin requirement for patents.

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SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. As owners of their intellect, inventors of intellectual properties have a natural right to exclusively commercialise the products of their minds.

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Intellectual Property Technology IP Law 105

Kashishipr

DECEMBER 8, 2021

It would mean that the genes of another would bear profits to the researcher/inventor even if such invention has been conceived without prior permission of the one possessing the gene, as was seen in the case where Mr. John Moree’s spleen was removed to patent a cell line enriched in T-lymphocytes to treat cancer and AIDS.

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Patent Intellectual Property Invention Ownership 105

Garrigues Blog

NOVEMBER 8, 2022

There are only two exceptions to this rule, the so-called “non-prejudicial disclosures”, namely, prior disclosures that do not affect the patentability of the invention.

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Kashishipr

OCTOBER 20, 2021

Patents are the most important way in which inventors can protect their inventions. In certain situations, inventors try and push for an extension of the protection period through the process of evergreening. Some governments and governing bodies have tried to curb such practices.

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Patent Intellectual Property Inventor Government 105

Garrigues Blog

JUNE 22, 2021

This is why it is important to be able to justify the registration of the patent in another territory, if it is not initially registered in Spain. However, following the entry into force of Patents Law 24/2015 (PL), we need to reassess whether this is always the best strategy. Compulsory application for protection in Spain.

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Invention Inventor Patent Application Due Diligence 52

SpicyIP

AUGUST 3, 2023

In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. However, it later turned out that there was no patent application for the Super Basmati, but rather, as Aysha said, it was a “proverbial case of the media conflating IP terms”.

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Kashishipr

FEBRUARY 2, 2022

Fundamental patents apply to the present product line of a company. Future patients may not have a current application but can be valuable in the upcoming products; for instance, any open or pending Patent Application can be prosecuted strategically to make it a fundamental patent somewhere in the future.

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Intepat

MAY 24, 2024

Understanding Patents A patent is a legal protection granted by the government to an inventor, providing the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date. To qualify for a patent, an invention must be novel, non-obvious, and useful.

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Patent Intellectual Property Confidentiality Invention 52

Patent Trademark Blog

JUNE 8, 2023

Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer? The patent application process is inherently challenging. treats the procurement and enforcement of patents, so certain things may simply be out of your patent lawyer’s control.

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Patent Patent Application Cease and Desist Trademark 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A Patent is granted for any product or process invention for a period of 20 years. In order to apply for a patent, it is essential to file a patent application under the Chapter III of the Patent Act. The drafting of a patent application requires immense knowledge of science, law, and language.

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IIPRD

OCTOBER 7, 2024

Also, the Government has recently made an Amendment to the Patent Rule i.e. Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patent application process and reduce the burden of the compilation and accelerate actions. It protects a fair platform for the protection of the idea which is very crucial.

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Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. When your product contains unique functional features, apply for a utility patent. How long will it take to get a utility patent?

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Design Patent Patent Cease and Desist Design 52

LexBlog IP

APRIL 14, 2022

A patentability search allows a patent practitioner to better understand the scope of the state of the art, the level of skill of a person in the art, and the potential for obtaining a peiroatent registration that protects the new and useful process, machine, manufacture, or composition of matter.

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LexBlog IP

MARCH 10, 2022

” The work was created by a machine called “Creativity Machine” and was submitted for copyright registration in 2018 by Steven Thaler. In his copyright application, Mr. Thaler stated that he was the owner of the Creativity Machine and that the machine had autonomously created the work of art using an algorithm.

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Art Copyright Copyright Law Registration 52

LexBlog IP

DECEMBER 6, 2021

Copyright protection is unique in that it can last for well over a century and requires minimal examination by the United States Patent and Trademark Office (USPTO). 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.

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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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