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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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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IP Watchdog

MARCH 31, 2022

The National Institutes of Health (NIH) is at legal odds with Moderna, claiming that Moderna neglected to add three NIH scientists to Moderna’s patent application on a principal COVID-19 vaccine.

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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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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. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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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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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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LexBlog IP

NOVEMBER 7, 2023

During examination of a pending US patent application or after the US patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an “assignment;” or 2) the original owner may retain ownership but change its name.

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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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LexBlog IP

NOVEMBER 1, 2022

For US applications and patents, during examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an “assignment;” or 2) the original owner may retain ownership but change its name.

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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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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

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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IP Law 360

AUGUST 4, 2022

A Pennsylvania judge on Thursday ordered a senior lawyer at Cooley LLP to "personally pay" the legal fees incurred by his client's former CEO in a dispute over the ownership of patent applications, calling out the attorney for his "hubris and disregard of procedural rules" when filing 61 pages of evidence after deadlines had passed.

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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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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. competitive.

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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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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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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

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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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

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. The policy goal is to prevent unjustified timewise extension of exclusive patent rights.

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Patent Trademark Blog

MAY 24, 2022

For example, how can a trademark application affect your patent-pending status? What trademark application should be filed when not yet patent-pending? Suppose you are planning to file a utility patent application , such as a provisional or nonprovisional. You now want to file a patent application.

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Patently-O

AUGUST 29, 2023

Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process. Hunton filed provisional and non-provisional patent applications on behalf of W2W.

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Inventor Patent Application Business Ownership 64

LexBlog IP

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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Licensing Patent Application Patent Prosecution Invention 52

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. 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. Software technology is patentable under International and US Patent law.

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Intellectual Property Patent Application Invention Branding 52

LexBlog IP

SEPTEMBER 27, 2022

The consolidation of this many attorneys under just two ownership groups has naturally led to some concerns about a reduction in competition. For readers who have not checked lately, the TTIPAB recently revamped its website, and the new and improved version of the searchable Register can be found here.)

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Patent Ownership IP Patent Application 52

LexBlog IP

MARCH 29, 2022

With significant increases in both standard and (especially) innovation patent applications , 2021 should have been a bumper year for patent attorneys operating in Australia. The number of applications filed by third-placed Griffith Hack actually fell in 2021, with the firm narrowly avoiding falling behind fourth-placed FB Rice.

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Patent Prosecution Patent Patent Application Ownership 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. ” And, “[d]o inventions in which an AI system contributed at the same level as a joint inventor raise any significant ownership issues?“

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Inventor Invention Patent Application Ownership 52

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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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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LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The nations in which the Contractor seeks to file the patent application. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

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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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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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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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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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LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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