News & Analysis as of

Executive Orders Biden Administration Patents

WilmerHale

PTAB/USPTO Update - August 2024

WilmerHale on

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

Fenwick & West LLP

Inside USPTO’s AI Subject Matter Eligibility Guidance

Fenwick & West LLP on

In accordance with President Biden’s Executive Order on the use of Artificial Intelligence (AI) in October 2023, the U.S. Patent and Trademark Office (USPTO) has issued new subject matter eligibility guidance relating to AI...more

Womble Bond Dickinson

Codifying the Experimental Use Exception? USPTO Seeks Public Input

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is...more

Mintz - Antitrust Viewpoints

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Benesch on

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Akin Gump Strauss Hauer & Feld LLP

AI-Assisted Inventions May Be Patentable, but Only Humans Can Be Inventors

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its...more

BakerHostetler

USPTO Delivers Inventorship Guidance on AI-Assisted Inventions

BakerHostetler on

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year, the U.S. Patent and Trademark Office (USPTO) released its much...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

Smart & Biggar on

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Holland & Knight LLP

USPTO Issues New Guidance on AI-Assisted Inventorship

Holland & Knight LLP on

The U.S. Patent and Trademark Office (USPTO) issued new guidance on Feb. 12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. The U.S. Court of Appeals for the Federal Circuit...more

Goodwin

USPTO Issues New Guidance on Patenting AI-Assisted Inventions

Goodwin on

On Monday, the US Patent and Trademark Office (USPTO) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI). This guidance, which was published in the Federal...more

Womble Bond Dickinson

USPTO AI Guidance: Human vs. Machine - Humans Win...For Now

Womble Bond Dickinson on

On February 13, 2024, the USPTO published a Federal Register notice on Inventorship Guidance for Artificial Intelligence (AI)-assisted Inventions ("Guidance") in response to President Biden’s October 2023 Executive Order on...more

Womble Bond Dickinson

Patent Practitioners Take Note: (Even) if You Use AI, Read Before You File

Womble Bond Dickinson on

On February 6, 2024, the USPTO weighed in with guidance for practitioners using—or considering using—AI in preparing submissions to the USPTO. In essence, Director Kathi Vidal has reminded practitioners that they must sign...more

Smith Anderson

AI Law and Policy Developments Likely Will Be Seen This Year

Smith Anderson on

One of 2023’s more significant — and potentially disruptive — developments in business and culture was the arrival of a slew of generative artificial intelligence (AI) systems. At the beginning of 2023, ChatGPT quickly...more

Holland & Knight LLP

The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

Holland & Knight LLP on

Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more

BakerHostetler

White House Instructs USPTO to Provide Guidance on AI

BakerHostetler on

On Oct. 30th, President Biden issued an executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI). Regarding patents, the EO requires the United States Patent and Trademark...more

WilmerHale

PTAB/USPTO Update - November 2023

WilmerHale on

USPTO News - On October 23, 2023, the USPTO Office of the Chief Economist released a report detailing patenting activity related to COVID-19 diagnostic technology....more

Seyfarth Shaw LLP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Seyfarth Shaw LLP on

President Biden signed a comprehensive Executive Order addressing AI regulation across a wide range of industries and issues. Intellectual property is a key focus. The Order calls on the U.S. Copyright Office and U.S. Patent...more

Dechert LLP

Initiatives to Increase Communication Between the USPTO and the FDA Concerning Pharmaceutical Patent Applications

Dechert LLP on

President Biden, in July 2021, issued an Executive Order (“E.O.”) observing that “too often, patent and other laws have been misused to inhibit or delay — for years and even decades — competition from generic drugs and...more

Goodwin

USPTO Extends Deadline for Comments on USPTO-FDA Collaboration Initiatives

Goodwin on

On February 24, the USPTO extended the written comment period for Joint USPTO–FDA Collaboration Initiatives until March 10, 2023....more

Foley & Lardner LLP

USPTO-FDA Listening Session — Voices from Patient and Patent Advocates

Foley & Lardner LLP on

On January 19, 2023, the U.S. Patent and Trademark Office (USPTO) and Food and Drug Administration (FDA) held a “listening session” focusing on USPTO-FDA collaboration initiatives proposed pursuant to President Biden's...more

Goodwin

Year in Review: Top Biosimilars-Related Regulatory Developments of 2022

Goodwin on

As 2022 comes to a close, we review Big Molecule Watch’s top five biosimilar regulatory developments of the year...more

Goodwin

Request for Comments on USPTO-FDA Collaboration Initiatives to Promote Generic Drug and Biosimilar Competition

Goodwin on

​​​​​​​On November 7, the U.S. Patent and Trademark Office (USPTO) published a request for comments on areas for USPTO-FDA collaboration and engagement. The USPTO also announced a related public listening session to be held...more

Goodwin

Request for Comments on USPTO Initiatives To Promote Generic Drug and Biosimilar Competition

Goodwin on

The U.S. Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. In July 2021, President Biden issued an Executive Order...more

McDermott Will & Emery

PTO Requests Comments on Initiatives to Ensure Patent Robustness, Reliability

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) is seeking public input and guidance on proposed initiatives directed at bolstering the robustness and reliability of patents. The request for comments was spurred in part by US...more

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