World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge; WilmerHale, August 26, 2024

• • • Daniel S. Volchok, Thomas G. Saunders, Laura E. Powell, WilmerHale; World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

"Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.1 The treaty was adopted at WIPO’s “Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources, and Traditional Knowledge Associated with Genetic Resources,” which was held May 13–24.2 The goal of the treaty, known as the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, is to “prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.”3 This treaty—the first treaty of its kind, linking intellectual property and Indigenous Peoples—also aims to “enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources.”4 

Once the treaty is ratified, patent applicants will have new (but nonretroactive) disclosure requirements for international patent applications."

Women transforming industries: Recognizing the power of intellectual property; United States Patent and Trademark Office (USPTO), April 24 12 Noon EDT

United States Patent and Trademark Office (USPTO) ; Women transforming industries: Recognizing the power of intellectual property

"Hear how women innovators are impacting industries across the board with intellectual property (IP) protection at our next Women's Entrepreneurship (WE) event, happening virtually and in person on Wednesday, April 24 from noon to 1 p.m. ET at George Mason University's Mason Enterprise Center in Fairfax, Virginia.

Expert panelists, including women entrepreneurs, small business owners, and inventors, will discuss resources and services that can help you protect your IP, access capital, find mentors, and network with fellow innovators and entrepreneurs.

An agenda and speaker list will be posted soon.

Register today

Marvel Reveals Who Really Owns Iron Man and Mr Fantastic’s First Inventions; Comic Book Resources, October 10, 2021

Amer Sawan, Comic Book Resources; Marvel Reveals Who Really Owns Iron Man and Mr Fantastic’s First Inventions

"WARNING: The following article contains spoilers for Deadpool Infinity Comic #1, now available on Marvel Unlimited.

Deadpool's attempt to sneak into a auction for most of the Marvel Universe's villains was prompted by an information leak from the true owners of Iron Man and Mister Fantastic's patents. In the event of their deaths that is. Which has already happened. Quite a few times in fact, so the actual legal rights are a bit up in the air. 

But the question of who owns the intellectual property isn't as important as the question of who Tony Stark and Reed Richards settled upon as the best candidate to look after their life's work. The two geniuses thought it over long and hard and selected Damage Control to be their beneficiary, as revealed in Deadpool Infinity Comic #1, by Gerry Duggan, Lucas Werneck, Geoffo, Rachelle Rosenberg and Joe Sabino."

Why Patents Don't Stop People From Stealing Your Invention; Forbes, June 4, 2020

Stephen Key, Forbes; Why Patents Don't Stop People From Stealing Your Invention

"Here are effective and practical ways of protecting your ownership of your creativity."

Why AI systems should be recognized as inventors; TNW, February 17, 2020

Thomas Macaulay, TNW; Why AI systems should be recognized as inventors

"Existing intellectual property laws don’t allow AI systems to be recognized as inventors, which threatens the integrity of the patent system and the potential to develop life-changing innovations.

Current legislation only allows humans to be recognized as inventors, which could make AI-generated innovations unpatentable. This would deprive the owners of the AI of the legal protections they need for the inventions that their systems create.

The Artificial Inventor Project team has been testing the limitations of these rules by filing patent applications that designate a machine as the inventor— the first time that an AI’s role as an inventor had ever been disclosed in a patent application."

Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018; U.S. Patent and Trademark Office, October 2019

U.S. Patent and Trademark Office, October 2019; Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018.

"America’s long-standing economic prosperity and global technological leadership depend on a strong and vibrant innovation ecosystem. To maximize the nation’s potential, it is critically important that all Americans have the opportunity to innovate, seek patent protection for their inventions, start new companies, succeed in established companies, and achieve the American dream. 

The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 directed the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), in consultation with the administrator of the Small Business Administration, to prepare a report that: 

• Identifies publicly available data on the number of patents annually applied for and obtained by women, minorities, and veterans 
• Identifies publicly available data on the benefits of increasing the number of patents applied for and obtained by women, minorities, and veterans and the small businesses owned by them
• Provides legislative recommendations for how to promote the participation of women, minorities, and veterans in entrepreneurship activities and increase the number of women, minorities, and veterans who apply for and obtain patents. 

Final report to Congress

The USPTO's SUCCESS Act report was transmitted to Congress on October 31, 2019. Among its major findings:

• A review of literature and data sources found that there is a limited amount of publicly available information regarding the participation rates of women, minorities, and veterans in the patent system.
• The bulk of the existing literature focuses on women, with a very small number of studies focused on minorities, and only some qualitative historical information on U.S. veteran inventor-patentees.
• One of the most comprehensive studies focused on women inventor-patentees is "Progress and Potential: a profile of women inventors on U.S. patents," a report published by the USPTO in February 2019. It found that women comprised 12% of all inventors named on U.S. patents granted in 2016, up from 5% in the mid-1980s.
• Overall, there is a need for additional information to determine the participation rates of women, minorities, and veterans in the patent system.
• The report concludes with a list of six new USPTO initiatives and five legislative recommendations for increasing the participation of women, minorities, and veterans as inventor-patentees and entrepreneurs."

Pittsburgh is filled with people trying to win patents. PPG is at the front of the line. One of an occasional series: Patented in Pittsburgh; The Pittsburgh Post-Gazette, September 20, 2018

Courtney Linder, The Pittsburgh Post-Gazette; Pittsburgh is filled with people trying to win patents. PPG is at the front of the line.
One of an occasional series: Patented in Pittsburgh

"Between 2005 and 2015, PPG was awarded 583 patents, the most in the Pittsburgh region, and certainly enough to warrant the structure PPG has crafted to protect its secrets until it has the force of a U.S. patent seal...

Pittsburgh universities churning out patents 

Between 2008 and 2017, Pittsburgh's research universities have tripled their patent generation and doubled the number of technology licenses granted for commercial use."

Patenting the Future of Medicine: The Intersection of Patent Law and Artificial Intelligence in Medicine; Lexology, February 14, 2018

Finnegan, Henderson, Farabow, Garrett & Dunner LLP - Susan Y. Tull, Lexology; Patenting the Future of Medicine: The Intersection of Patent Law and Artificial Intelligence in Medicine

"Artificial intelligence (AI) is rapidly transforming the world of medicine, and the intellectual property directed to these inventions must keep pace. AI computers are diagnosing medical conditions and disorders at a rate equal to or better than their human peers, all while developing their own software code and algorithms to do so. These recent advances raise issues of patentability, inventorship, and ownership as machine-based learning evolves."

Waiting to Protect Intellectual Property Could Doom Your Startup; Kellogg Insight, August 3, 2017

Mark McCareins and Pete Slawniak, Kellogg Insight; Waiting to Protect Intellectual Property Could Doom Your Startup

"Based on insights from Mark McCareins and Pete Slawniak

It pays to be certain your idea is original.  

McCareins: A prior art search needs to be done to make sure that what you’re getting patented is really and uniquely your own.  There may be a temptation not to do a comprehensive search because it's expensive, but you don’t want to find out later that someone had the same invention.  

People say, “Well I got a patent so I’m good to go,” but that’s only half the battle. Even when the U.S. Patent and Trademark Office has granted a patent, that doesn’t mean a federal court might not come in later and invalidate that patent based on another party’s complaint.  

Slawniak: When you file a patent, look around and do a search. See what other folks in the industry are doing. See what other patents are out there. Read the scholarly work around technology in your field and have some conversations with people in the industry. Your patent is a reflection of your R&D investment and your technological advantage, so it's important to know exactly where that product differentiation is. An exhaustive search will ensure you have a strong patent, and hopefully help your patent issue faster. When you have something you believe has value, it’s worth the investment of time to develop and protect it. "

‘Bombshell’ Canadian Patent Ruling Seen Favoring Foreign Companies; Bloomberg, June 30, 2017

Josh Wingrove, Bloomberg; ‘Bombshell’ Canadian Patent Ruling Seen Favoring Foreign Companies

"“It’s a bombshell of a decision,” said Richard Gold, a law professor at Montreal’s McGill University who studies intellectual property. He’s a member of the university’s Centre For Intellectual Property Policy, which intervened in the case. “We’re now the only country in the developed world that when an inventor says, ‘my invention does X,’ it doesn’t actually have to do X.”

The Supreme Court ruled that a current standard, known as the “promise doctrine,” goes too far, because it allows for patents to be invalidated if an invention doesn’t do any of the things it promised."

Swiss keep up the patent pace; swissinfo.ch, May 24, 2017

Luigi Jorio, swissinfo.ch; Swiss keep up the patent pace

"A machine for sorting gravel, a barometer that works by atmospheric humidity and a special electric writing machine: these are just a few of the patents that were filed in Switzerland over a hundred years ago and very probably reviewed by a certain Albert Einstein
external linkThe famous German physicist worked at the Swiss Federal Office of Intellectual Property in Bern from 1902 to 1909, a place he spoke of as a worldly cloister where he hatched his most beautiful ideas."

"Foolish Visionary"; Bizarro, May 20, 2017

Dan Piraro, Bizarro; "Foolish Visionary"

University of Pittsburgh Innovation Institute's "First Gear Program", 2017

[Kip Currier: Last week I highlighted a few from-invention-to-market initiatives offered through the University of Pittsburgh Innovation Institute. First Gear is another of these Pitt initiatives:]

"The First Gear program helps shape Pitt inventions originating from University research from early-stage discovery to products and services that can be taken to market. The program offers hands-on guidance and mentorship that takes an inventor through the necessary steps in creating a go-to-market plan that can result in the creation of a new enterprise or licensing agreement for the technology. As a designated NSF I-Corps site [sic; this is the correct link re NSF I-Corps sites], First Gear participants also receive $3,000 in funding to help validate the market-readiness of the innovation, and qualify for additional NSF funding of larger amounts. Want to learn more, watch the Pitt Ventures & NSF I-Corps webinar.

To request an application or more information on the program, fill out the form on this page."

Michael James Delligatti, Creator of the Big Mac, Dies at 98; New York Times, 11/30/16

Kevin Rawlinson, New York Times; Michael James Delligatti, Creator of the Big Mac, Dies at 98:

"Most memorable was the ad campaign, begun in 1974, in which actual customers tried to recite the ingredients in a Big Mac, with comic results, before a chorus jumped in and smoothly sang the now-famous jingle.

“It wasn’t like discovering the light bulb,” Mr. Delligatti told John F. Love, the author of “McDonald’s: Behind the Arches” (1986). “The bulb was already there. All I did was screw it in the socket.”...

...[T]he sales remain huge, leading many to believe that Mr. Delligatti, as its inventor, must have reaped a windfall worth billions.

Not so. “All I got was a plaque,” he told The Pittsburgh Post-Gazette in 2007."