SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

Reporting 108

Reporting Patent Law Law Patent 108

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).

Inventor 94

Inventor Patent Law Invention Law 94

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.

Invention 110

Invention Ownership Intellectual Property Inventor 110

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

Technology 52

Technology Invention Patent Intellectual Property 52

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.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

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.

Inventor 122

Inventor Invention IP Ownership 122

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.

Ownership 52

Ownership Inventor Patent Patent Application 52

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. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity. Finally, Beach J.

Inventor 111

Inventor Patent Invention Intellectual Property 111

JD Supra Law

APRIL 14, 2022

patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262.

Licensing 102

Licensing Ownership Patent Law Patent 102

The IPKat

DECEMBER 13, 2021

The headlines are the result of the Project’s filing of parallel applications to patent offices in several jurisdictions over a number of inventions generated by an AI system named DABUS (Device for the Autonomous Boot-strapping of Unified Sentience), invented by Dr Stephen Thaler. seahorses).

Inventor 136

Inventor Invention Ownership Intellectual Property Law 136

Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024).

Ownership 40

Ownership Patent Invention Contracts 40

IP and Legal Filings

JANUARY 27, 2025

However, the information used for the purpose of training AI models belongs to third parties and, therefore, can be copyrighted or protected by patents. New Categories of IP Protection: Perhaps the development of specific rules governing IPRs of AI-generated content can help to shed light on ownership and cases of infringement.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

JD Supra Law

NOVEMBER 10, 2021

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The assignee becomes the owner of. By: Spilman Thomas & Battle, PLLC

Technology 94

Technology Law Ownership Patent Law 94

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

JD Supra Law

NOVEMBER 12, 2021

A patent has the attributes of intangible personal property - it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Ownership 52

Ownership Patent Patent Law Law 52

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. The appellate court noted the change in law under eBay , but also went on to explain that Arizona Law “does not presume irreparable harm.”

Licensing 78

Licensing Patent Patent Law Intellectual Property 78

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 (..)

Invention 70

Invention Patent Application Ownership Patent 70

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. The first (chapter 7), by Dan L.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

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.

Business 98

Business Inventor Patent Licensing 98

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest in the party.” .

Litigation 98

Litigation Patent Confidentiality Settlement 98

Patently-O

FEBRUARY 9, 2022

Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. When the two broke-off their relationship Sgromo wanted the patents back and sued. An arbitrator sided with Scott, concluding that Sgromo did not own the patents. Peter Sgromo v. Leonard Scott ( Fed. ” Bestway (USA), Inc.

Ownership 72

Ownership Patent Law Invention Licensing 72

The IPKat

NOVEMBER 4, 2022

Ramalho’s structure is simple and clear, two main parts, in two chapters – the first covering AI and copyright, and the second AI and patents – with one agenda, are AI-generated creations protectable? She then analyses relevant parts of copyright and patent protection for AI-generated content under European, US, Australian and Japanese law.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

The IPKat

JANUARY 2, 2022

COPYRIGHT Giovanni Maria Riccio and Fabiola Iraci Gambazza (E-Lex law firm) reported on the recent publication of the European Audiovisual Observatory entitled " Mapping report on national remedies against online piracy of sports content ", commissioned by the European Commission. disputes between domain names and trademarks).

Blogging 127

Blogging IP Non-Fungible Tokens Cease and Desist 127

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.

Law 64

Law Editing Patent Intellectual Property 64

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.

Inventor 110

Inventor Invention Art Patent 110

Intepat

MARCH 13, 2025

The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law. However, as in the context of copyrightable works generated by artificial intelligence , ownership over the AI-generated architectural works is subject to controversy and debate.

IP 52

IP Designs Design Artistic Work 52

IP and Legal Filings

JUNE 15, 2023

Subsequently, the scientists worked on the plant and developed a patented medicine. A part of TK is exposed for patent review whereas the rest is kept undisclosed. Patent laws fail to protect traditional knowledge as it does not recognise generation innovation.

Ownership 98

Ownership Privacy Public Domain Copyright 98

SpicyIP

MARCH 9, 2025

A quick glance at last week analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Courts jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. Keep up with the ever changing world of IP with SpicyIPs Weekly Review! Bharathwaj Ramakrishnan discusses this issue.

Trademark 59

Trademark Patent Copyright Patent Application 59

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

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.

Patent 52

Patent Ownership Intellectual Property Invention 52

The IP Law Blog

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents. The verdict was for $1.5

Licensing 117

Licensing Government Patent Litigation 117

SpicyIP

SEPTEMBER 27, 2023

It’s unclear where the mandate is coming from, as guidelines generally do not have the power of law behind them but are merely discretionary / advisory). All Indian Patents are certainly not secured by the GoI through March-in Rights, and as we saw during Covid , there was little to no inclination to bring the topic up at all.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

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.

Invention 64

Invention Inventor Patent Ownership 64

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.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. In short, a substance’s Schedule I classification is irrelevant to its patentability.

Patent 52

Patent Invention Patent Infringement Blogging 52

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.

Inventor 75

Inventor Ownership Invention Patent 75