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. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

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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

LexBlog IP

JANUARY 3, 2024

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. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 52

JD Supra Law

DECEMBER 11, 2023

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which (..)

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Invention Patent Application Ownership Patent 70

LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application?

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Patent Application Inventor Patent Ownership 52

Patently-O

MAY 22, 2024

Whether a present assignment of future inventions automatically conveys legal title to those inventions when the inventions come into being, or instead merely conveys equitable title and requires a separate written instrument to transfer legal ownership. dissertation was “essentially identical” to his later patent application.

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Ownership Patent Invention Contracts 40

IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. However, the grant of design protection will depend on the case.

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IP Intellectual Property Invention Inventor 98

SpicyIP

DECEMBER 15, 2024

Highlights of the Week Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case A Divisional Application (DA) by BASF was rejected by the IPO citing delay in filing of application. The plaintiff successfully proved his copyright ownership.

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Patent Application Intellectual Property Law Intellectual Property Trademark 59

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. International Trade Commission and 10X Genomics. Several former Bio-Rad employees left to form 10X Genomics.

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Invention Inventor Ownership Contracts 92

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

JUNE 28, 2023

I sometimes think that the big patentable ideas are for people above my paygrade.” Another female UI designer said, “We are all often working on things with many other people, and so it can feel presumptuous to claim ‘ownership’ over an idea. At the second meeting, the group discusses 2-4 of the selected ideas to build on.

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Inventor Invention Ownership Patent 130

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 IPKat

NOVEMBER 4, 2021

The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention.

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Intellectual Property IP Ownership Law 141

IPilogue

MARCH 28, 2022

After a brief overview of First Nations rights and sources, Wilson defined what First Nations Data is and how it is founded on the principles of ownership, control, access, and possession (“OCAP”). The two studies found that firms that file for patent applications are disproportionately more often owned by men.

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IP Intellectual Property Patent Application Government 122

SpicyIP

JULY 5, 2021

If the scholar had a patent in the USA, (for the invention based on his thesis), it is already a disclosure for the purposes of filing another patent application in India, US ( 35 U.S.C. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention.

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Patent Application Invention Confidentiality Copyright Law 131

IP and Legal Filings

SEPTEMBER 8, 2021

The Industrial and Commercial Bank of China’s blockchain patent application, which included a system used to improve the efficiency of certificate issuance and save users from repetitively filing the same document on multiple platforms, was one of the first known blockchain patent applications.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Patently-O

JULY 22, 2022

.” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period.

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Patent Prosecution Patent Invention Patent Application 80

Kashishipr

DECEMBER 8, 2021

Also, there arise questions of obviousness and ownership rights. Many times, a patent is a result of constant trial and error. Even if the organism is made by isolation involving human intervention, ownership could still violate nature. Chakraborty , which is frequently cited as an authoritative precedent even today.

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Patent Intellectual Property Invention Ownership 105

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2).

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Inventor Patent Law Invention Law 94

JD Supra Law

JUNE 8, 2023

On April 20, 2023, the United States Patent and Trademark Office (USPTO) announced several proposed rule changes that would have an impact on patent applicants, patent holders, and patent challengers.

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Settlement Ownership Patent Application Litigation 59

Intepat

APRIL 4, 2022

In India, the NDAs are valid for one year, within which you have to file a patent application. However, it is not applicable in other countries. Ideally, you can file a provisional patent application before disclosing your idea in public domains. One need not disclose all details during the provisional application.

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SpicyIP

AUGUST 23, 2024

Looking at Traditional Knowledge and Patents: The MHC recently upheld the Controller’s rejection of a patent application for being based on Panchagavya, a form of Traditional Knowledge. Section 3(p) prohibits granting patents based on the claimed invention/process containing TK directly or in effect.

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Patent Invention Patent Application Art 105

IP Tech Blog

MARCH 15, 2022

Once commerce resumes between Russia and the affected countries, foreign owners of Russian patents should have documentation readily available to demonstrate such commercial activity in the hope that Russia authorizes retroactive compulsory licensing payments.

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SpicyIP

MARCH 9, 2025

Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patent application but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.

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Trademark Patent Copyright Patent Application 59

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

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Intellectual Property Due Diligence Public Domain Government 121

Intellectual Property Law Blog

MARCH 3, 2021

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. The second type, applications of blockchain, are often found to be directed to an abstract idea.

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Patent Patent Application Invention Technology 100

Patently-O

AUGUST 2, 2021

During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. However, UM argued that it owned the patents based upon his employment agreement; that it had expended some ongoing funds; and that Islam had bounced ideas off of some of the faculty members.

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Patent Contracts Inventor Ownership 100

The IP Law Blog

MARCH 30, 2023

In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 In general, an applicant qualifies as a micro entity under 37 CFR § 1.29 Therefore, not only is it important to select the proper entity status when filing a patent application, but it is also critical to recognize if and when an entity status changes.

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Business Inventor Patent Licensing 98

IPilogue

JULY 7, 2021

Although different types of intellectual property protections may apply, including copyright , patents, industrial designs, trademarks, and trade secrets, this article will focus on private and public sector employees’ patent rights to inventions produced during the course of their employment. Private Sector Employees.

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Invention Ownership Patent Intellectual Property 59

Patently-O

FEBRUARY 12, 2024

patents and patent applications. 2022), where the Federal Circuit held that the term “individuals” in the Patent Act refers only to human beings barring. Consequently, an AI system cannot be named as the inventor on a patent application, even if it was instrumental in developing the claimed invention.

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Inventor Invention Patent Application Designs 120

Larson & Larson

JANUARY 10, 2021

Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system. Enablement.

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Patent Application Invention Art Ownership 52

Patent Trademark Blog

APRIL 22, 2022

Why assign the patent to your company? A US patent application must identify each individual inventor who contributed to the claimed invention whether or not they have ownership rights. That is why a patent application would never identify a company only.

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Ownership Inventor Patent Licensing 52

IP and Legal Filings

JUNE 15, 2023

Furthermore, trade secrets can solve other issues associated with copyright and patent protection which makes it inapplicable to traditional knowledge. Collective ownership: In case TK is protected under trade secrets there is no requirement of specific right holder and the community is deemed to have collective personality.

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Ownership Privacy Public Domain Copyright 98

SpicyIP

AUGUST 22, 2021

Zee Entertainment Enterprises refused to grant an interim injunction in a case involving the telecasting of certain films by Zee Entertainment on their satellite channels and OTT platform in which the plaintiff claimed ownership of copyright. The fee reduction will be applicable to recognised educational institutions in India and abroad.

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IPilogue

NOVEMBER 1, 2021

They identify some of the assumptions made by the Federal Court of Australia regarding the technical capabilities of AI systems and question the potential consequences of attributing ownership rights to non-human entities in the absence of a more comprehensive analysis.

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Inventor Patent Invention Intellectual Property 111

IP Intelligence

SEPTEMBER 12, 2023

An applicant files a first patent application with medium-to-narrow claim coverage. The first patent application issues with some or substantial patent term adjustment (PTA) caused by one or more delays at the U.S. Patent and Trademark Office (e.g., Patent A – earlier-filed and later-expiring patent).

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Patent Patent Application Ownership Government 59

IP Tech Blog

JUNE 18, 2021

Under the changes that take effect on June 25 th , patent practitioners will now be required to disclose client information to resolve potential conflicts of interest that result from ownership changes within a law firm or changes in a practitioner’s employment.

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