Sunshine Act Meetings, 10051 [2024-02997]
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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices
G. Benefit/Priority Claims to Prior-Filed
Applications
statement should be filed on behalf of
an AI system, even if the AI system
made contributions to one or more
claims in a patent application.
F. Applicant and Ownership
The word ‘‘applicant,’’ when used in
37 CFR, refers to the inventor or all joint
inventors, or to the person applying for
a patent as provided in 37 CFR 1.43,
1.45, or 1.46.87 The original applicant is
presumed to be the owner of the patent
application unless there is an
assignment.88 As the ownership of a
patent or application for a patent
initially vests in the named inventors 89
and is thereafter transferrable through
assignments, there is no change in
practice for AI-assisted inventions with
regard to the applicant or assignment of
ownership rights.90 The named inventor
or joint inventors may seek patent rights
as the applicant under § 1.45.
Alternatively, the named inventor or
joint inventors may assign their
ownership rights to an assignee (e.g.,
employer, owner or developer of the AI
system, or other appropriate party), who
may then file a patent application under
§ 1.46 or take action in a patent matter
under § 3.73.
‘‘Assignment,’’ in general, is the act of
transferring to another the ownership of
one’s property, i.e., the interest and
rights to the property.91 Because an AI
system cannot be a named inventor, it
has no rights to assign; therefore,
assignments from AI systems should not
be recorded with the USPTO. This
guidance only applies to recording the
assignments and other documents
related to interests in patent
applications and patents in the USPTO
and does not apply to contractual or
licensing agreements between parties
owning and using AI systems in the
invention creation process. Applicants
should keep in mind that the recording
of assignments and other related
documents by the USPTO is a
ministerial act, and assignments and
other related documents are contracts
that are governed by the relevant
jurisdictional law.92
87 37
CFR 1.42(a).
37 CFR 3.73(a); see also MPEP 301(I).
89 See Beech Aircraft, 990 F.2d at 1248 (‘‘At the
heart of any ownership analysis lies the question of
who first invented the subject matter at issue,
because the patent right initially vests in the
inventor who may then, barring any restrictions to
the contrary, transfer that right to another, and so
forth.’’).
90 See MPEP 301.
91 See MPEP 301 (subsection II).
92 See MPEP 301 (subsections II and V).
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Applications and patents claiming the
benefit of, or priority to, a prior
application filed in the United States or
a foreign country under 35 U.S.C. 119,
120, 121, 365, or 386 must name the
same inventor or have at least one joint
inventor in common with the prior-filed
application.93 For all applications and
patents, including those that cover AIassisted inventions, the prior-filed
application and the United States
application or patent claiming the
benefit of, or priority to, the prior-filed
application must name the same natural
person as the inventor, or have at least
one joint inventor who is a natural
person in common. Therefore, a priority
claim to a foreign application that
names an AI system as the sole inventor
will not be accepted. This policy also
applies to U.S. patent applications and
patents claiming priority to foreign
applications that allow the naming of
non-natural persons as joint inventors.
For a U.S. application claiming priority
to a foreign application that names both
a natural person(s) and a non-natural
person as a joint inventor, the
application data sheet accompanying
the application filed in the United
States must list as inventor(s) only the
natural person(s) who significantly
contributed to the invention, including
one in common with the foreign
application. Similarly, for an
application entering the national stage
under 35 U.S.C. 371 where the
international application indicates a
joint inventor that is not a natural
person, applicants can comply with the
U.S. inventorship requirement by
naming the natural person(s) who
significantly contributed to the
invention in an application data sheet
accompanying the initial submission
under 35 U.S.C. 371.94
Katherine Kelly Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
10051
CFTC Headquarters Conference
Center, Three Lafayette Centre, 1155
21st Street NW, Washington, DC.
STATUS: Open.
MATTERS TO BE CONSIDERED: The
Commodity Futures Trading
Commission (‘‘Commission’’ or
‘‘CFTC’’) will hold this meeting to
consider the following matters:
• Proposed Rule: Requirements for
Designated Contract Markets and Swap
Execution Facilities Regarding
Governance and the Mitigation of
Conflicts of Interest Impacting Market
Regulation Functions;
• Proposed Rule: Foreign Boards of
Trade;
• Proposed Rule: Regulations to
Address Margin Adequacy and to
Account for the Treatment of Separate
Accounts by Futures Commission
Merchants;
• Application of Taiwan Futures
Exchange Corporation for an Exemption
from Registration as a DCO; and
• ICE NGX Petition for Amended
DCO Registration Order.
The agenda for this meeting will be
available to the public and posted on
the Commission’s website at https://
www.cftc.gov. Members of the public are
free to attend the meeting in person, or
have the option to listen by phone or
view a live stream. Instructions for
listening to the meeting by phone and
connecting to the live video stream will
be posted on the Commission’s website.
In the event that the time, date, or
place of this meeting changes, an
announcement of the change, along with
the new time, date, or place of the
meeting, will be posted on the
Commission’s website.
CONTACT PERSON FOR MORE INFORMATION:
Christopher Kirkpatrick, Secretary of the
Commission, 202–418–5964.
PLACE:
(Authority: 5 U.S.C. 552b)
Dated: February 8, 2024.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2024–02997 Filed 2–9–24; 11:15 am]
BILLING CODE 6351–01–P
[FR Doc. 2024–02623 Filed 2–12–24; 8:45 am]
BILLING CODE 3510–16–P
CONSUMER PRODUCT SAFETY
COMMISSION
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
12:30 p.m. EST,
Thursday, February 15, 2024.
TIME AND DATE:
93 See MPEP 213.02 (subsection II), 211.01, 1895,
2920.05(e).
94 See 37 CFR 1.76; MPEP 1893.01(e).
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[Docket No. CPSC–2010–0046]
Agency Information Collection
Activities; Extension and Revision of
Collection; Consumer Focus Groups
and Other Qualitative Studies
Consumer Product Safety
Commission.
ACTION: Notice of information collection;
request for comment.
AGENCY:
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Agencies
[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Page 10051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02997]
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COMMODITY FUTURES TRADING COMMISSION
Sunshine Act Meetings
TIME AND DATE: 12:30 p.m. EST, Thursday, February 15, 2024.
PLACE: CFTC Headquarters Conference Center, Three Lafayette Centre,
1155 21st Street NW, Washington, DC.
STATUS: Open.
MATTERS TO BE CONSIDERED: The Commodity Futures Trading Commission
(``Commission'' or ``CFTC'') will hold this meeting to consider the
following matters:
Proposed Rule: Requirements for Designated Contract
Markets and Swap Execution Facilities Regarding Governance and the
Mitigation of Conflicts of Interest Impacting Market Regulation
Functions;
Proposed Rule: Foreign Boards of Trade;
Proposed Rule: Regulations to Address Margin Adequacy and
to Account for the Treatment of Separate Accounts by Futures Commission
Merchants;
Application of Taiwan Futures Exchange Corporation for an
Exemption from Registration as a DCO; and
ICE NGX Petition for Amended DCO Registration Order.
The agenda for this meeting will be available to the public and
posted on the Commission's website at https://www.cftc.gov. Members of
the public are free to attend the meeting in person, or have the option
to listen by phone or view a live stream. Instructions for listening to
the meeting by phone and connecting to the live video stream will be
posted on the Commission's website.
In the event that the time, date, or place of this meeting changes,
an announcement of the change, along with the new time, date, or place
of the meeting, will be posted on the Commission's website.
CONTACT PERSON FOR MORE INFORMATION: Christopher Kirkpatrick, Secretary
of the Commission, 202-418-5964.
(Authority: 5 U.S.C. 552b)
Dated: February 8, 2024.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2024-02997 Filed 2-9-24; 11:15 am]
BILLING CODE 6351-01-P