Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

AUGUST 11, 2023

AI inventor case catch-up: Formalities, not patentability It is worth remembering that a patent application may be filed for any subject matter, provided the appropriate forms are filled in and the necessary fees paid. The patent applications have simply been refused for failing to satisfy the formal requirements of filing.

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Inventor Invention Law Ownership 52

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

Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. 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.

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Patent Intellectual Property Invention Ownership 105

IPilogue

NOVEMBER 1, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . Slowinski expound on the evolving case-law in this subject area. Photo by KirillM (depositphotos). . . . . . . . . Hilty, and Peter R. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

LexBlog IP

MAY 2, 2023

Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur. In addition, South Africa has granted Stephen Thaler a patent with his AI system listed as the inventor.

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Inventor Patent Application Invention Ownership 52

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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Licensing Patent Application Patent Prosecution Invention 67

LexBlog IP

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

LexBlog IP

FEBRUARY 17, 2023

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. For example, the USPTO asks some questions regarding the current state of the law.

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Inventor Invention Patent Application Ownership 52

The IP Law Blog

MARCH 30, 2023

The goal was to provide better access to the patent system for a number of potential participants, such as individual inventors, small businesses, and underrepresented innovators. The UAIA was signed into law on December 29, 2022, and included in the U.S. In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

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Business Inventor Patent Licensing 98

LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

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”). The ‘498 Patent was issued from this application in 2018.

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Inventor Invention Art Patent 110

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. Copyright I asked DALL-E to make some logos for me for use in this post.

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Designs Design Trademark Copyright 52

LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Non-disclosure Agreements (NDAs) for Ownership. Patent Protection for Functionality. Jump To: Trademark Protection for Branding.

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Intellectual Property Patent Application Invention Branding 52

IP and Legal Filings

APRIL 18, 2023

The Issue The Indian Patent Office , has for the first time rejected to recognize the claim of AI to be an inventor relying upon Section 2 and 6 of the Indian Patents Act, 1970 (Hereinafter, the Act). [1] 2] However, some argue that AI systems should be granted legal personality and be allowed to own patents. 7] Way ahead?

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Inventor Moral Rights Patent Invention 52

IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge.

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Ownership Privacy Public Domain Copyright 86

Patent Trademark Blog

DECEMBER 8, 2021

Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies. Yes, the US has a 1-year grace period that is generally more lenient than the patent laws of most foreign countries.

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Inventor Patent Invention Patent Application 40

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law.

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IP Reporting Designs Design 73

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. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

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Patent Prosecution Invention Inventor Patent 75

The IPKat

OCTOBER 5, 2021

The US, the European Patent Office, and Australia all have considered this question. None of their decisions however are helpful in the UK, since the relevant statutory provisions in those disputes were different from the law of the UK. 13(2) and consequently the applications were deemed withdrawn ([1]).

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Inventor Invention Intellectual Property Patent 93

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

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. Application of the on sale bar is a question of law as is the underlying issue of whether the experimental use exception applies. by Dennis Crouch. Venture (Fed.

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Invention Contracts Licensing Inventor 82

LexBlog IP

NOVEMBER 9, 2023

In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). HIP, formerly Unitherm Food Systems, Inc. (“Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent.

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Inventor Invention Art Patent 52

More Than Your Mark

NOVEMBER 30, 2018

Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.” The USPTO applies the same legal standard when reviewing utility patent applications related to cannabis, as it does to all other inventions. In short, a substance’s Schedule I classification is irrelevant to its patentability.

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Patent Invention Patent Infringement Blogging 52

More Than Your Mark

JULY 16, 2018

Acknowledging the difficulty of calculating a patent expiration date in view of the many factors to be considered, and in response to public inquiry, the USPTO now provides a downloadable patent term calculator for estimating patent expiration date, available online here. The Standard Patent Term. patent examiner.

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Patent Design Patent Patent Law Designs 40

The IPKat

NOVEMBER 4, 2021

Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. He defines primary IP rights as those that have been part of law for more than 50 years.

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Intellectual Property IP Ownership Law 141

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.

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Patent Ownership Intellectual Property Invention 52

Patently-O

DECEMBER 20, 2023

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. For AI-generated inventions to become patentable, intervention by policymakers to amend inventorship laws would likely be necessary.

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Invention Inventor Patent Ownership 62

The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Additionally, it is possible that the EPO wishes to connect the case law on plausibility with that on computer implemented inventions.

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Invention Inventor Patent Law 108

LexBlog IP

MARCH 27, 2023

In one example, I asked ChatGPT to describe my law firm, Marshall, Gerstein & Borun LLP. ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law.

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Intellectual Property IP Inventor Copyright 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Patently-O

MAY 9, 2024

The new enforceability requirement would be in addition to the existing provisions that require a terminal disclaimer to match the expiration date of the disclaimed patent to the referenced patent and promise enforcement only during common ownership. I would encourage folks to provide comments to the USPTO.

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Patent Application Invention Patent Government 84

Barry Sookman

MAY 4, 2020

This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patent law, 35 USC §§ 1 et seq. an inventor must be a natural person. In addition, the U.S.

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Intellectual Property Inventor Invention Copyright 52