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U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents

As we discussed earlier, a variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel...more

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches

Gilbert Hyatt was one of many applicants who filed many patent applications shortly before the June 8, 1995 transition point, where patent terms transitioned from being defined based on 17 years from issuance to 20 years from...more

Takeaways: Requiring Human Inventorship - Opportunities to Advise Whether to Prohibit, Permit, or Require Listing an AI Algorithm...

Dr. Stephen Thaler created an AI algorithm (named DABUS) that includes multiple neural networks trained in different linguistic subspaces that connect dynamically in a manner based on controlled chaos. DABUS also includes a...more

The Time is Now: Opportunities to Advise the E.D. Va. or EPO as to Whether to Prohibit, Permit, or Require Listing an AI Algorithm...

Dr. Stephen Thaler created an artificial-intelligence algorithm – named Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) – that includes multiple neural networks (each trained in a given linguistic...more

Should We Require Human Inventorship? Submit Your Amicus Brief by March

A variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel biological targets and...more

Technology-Specific Patent Filing Trends During the Pandemic

This content was originally published by IPWatchdog on Nov. 1, 2020. “The initial impact of the COVID-19 pandemic on patent filings varied dramatically across industries. While filings in the computer areas were generally...more

7 Key Takeaways - Thought Experiment: Is Our Patent System Ready for a Potential Future of Brain Interfacing?

In a recent article, Kilpatrick Townsend’s Kate Gaudry and Mark P. Mathison summarized current non-invasive brain-machine interface technology and theorized its effect on patent law if its advancement flourishes like that of...more

3 Key Takeaways - Technology-Specific Patent Filing Trends During the Pandemic

How might a pandemic impact biotechnology patent filings as compared to computer-centric patent filings? The answer might surprise you. ...more

5 Practice Tips - Evaluating Patentability of AI Inventions

Kilpatrick Townsend’s Kate Gaudry and Rodney Rothwell recently participated in the Association of Corporate Counsel’s National Capital Region’s Summer Series: “Protecting Artificial Intelligence (AI) Innovations – Unique...more

6 Key Takeaways | Protect Your Business's Foundation and Future with a Strong Internal Patent System [Video]

Startups are built on and thrive off ideas, creativity and energy. However, startups will remain vulnerable to entrenched incumbents with access to greater resources if important innovation is not protected. ...more

7/15/2019  /  Patent Ownership , Patents , Startups

6 Key Takeaways - Protect Your Business's Foundation and Future with a Strong Internal Patent System

Startups are built on and thrive off ideas, creativity and energy. However, startups will remain vulnerable to entrenched incumbents with access to greater resources if important innovation is not protected. ...more

Patenting Trends

Patent activity provides an important signal that is helpful in identifying and forecasting industry trends including the development of new products and services. It can predict the future focus of individual competitors...more

Years After Alice: Eligibility-Rejections Outflow from a Different Part of the USPTO

A concise set of statutes dictate the characteristics that a patent application must have to be allowed to grant as a patent. Patent examiners are tasked with reviewing individual applications to determine whether these...more

5 KEY TAKEAWAYS: Eligibility-Rejection Trends: Within and Beyond Business-Method Art Units

Kilpatrick Townsend attorney Kate Gaudry recently presented on “Eligibility-Rejection Trends: Within and Beyond Business-Method Art Units” as part of the Landslide Webinar Series. Key takeaways from Dr. Gaudry’s...more

Eligibility Rejections Contested in Nearly All Business-Method Appeals

While the examiner is the sole arbiter during patent prosecution, when an impasses has been reached (in terms claim interpretation, the cited art, or the patent statutes) Applicants can appeal to a panel of Patent Trial and...more

Nearly All Post-Alice Eligibility Rejections are Affirmed in Whole by the PTAB

Frequently, the fate of a patent application lies with a single patent examiner. This power frustrates applicants when an impasse has been reached in terms of interpretation of the claims, cited art, or patent statutes....more

3 Top Takeaways: Appeals of Post-Alice Eligibility Rejections Face Tough Prospects

Nearly all eligibility rejections challenged in post-Alice appeals in computer related technologies are affirmed in whole by the Patent Trial and Appeal Board (PTAB). Most of those appeals originate from business-method art...more

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”. ...more

5 Takeaways: Ex Parte Appeals: A Multi-Year & Expensive Trajectory or an Allowance within 2 Months?

Kilpatrick Townsend attorneys Kate Gaudry, Ph. D. and Sameer Vadera recently presented to the Intellectual Property Owners Association (IPO) Software Related Inventions Committee regarding “Ex Parte Appeals: A Multi-Year &...more

Key Takeaways: IP 101 for Non-IP Counsel

Kilpatrick Townsend Partner Allisen Pawlenty-Altman and Associate Kate Gaudry Ph.D. recently participated in an interactive panel — “Technology and IP Forum: IP 101 for Non-IP Counsel” — presented by the National Capital...more

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