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The Mayo/Alice framework for determining subject matter eligibility of patents under 35 U.S.C. §101 has long since antagonized both patent prosecutors and litigators alike, causing significant uncertainty in the realm of...more
For a recent article published in Law360, we looked at data from the US Patent and Trademark Office (USPTO) covering both AI and non-AI inventions from 2015 to 2020. Our findings show a stark difference: AI-related inventions...more
Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more
These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June...more
Kilpatrick recently hosted an event in the Walnut Creek office where partners Joe Snyder, Eugenia Garrett-Wackowski, and Siegmar Pohl addressed the profound impact that Artificial Intelligence (AI) is having on patent...more
Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more
Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions...more
The U.S. Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised...more
There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more
2023 was a breakthrough year for AI technology, marked by the rise of generative AI with a multitude of new GPT models and advanced diffusion models....more
In today’s global economy, product research and development (R&D) has historically been concentrated in the U.S. and China. However, these efforts are beginning to decentralize and spread into new regions, such as Japan and...more
The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO...more
The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a...more
Artificial intelligence (AI) enables computers and machines to think like humans and perform complex tasks traditionally associated with human intelligence, such as making decisions, reasoning, recognizing patterns, and...more
The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more
The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs? Some say the guidance is...more
Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency?...more
On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a...more
The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO....more
On July 17, 2024, the United States Patent and Trademark Office (USPTO) issued comprehensive guidance (“the Guidance”) on patent subject matter eligibility that expands on previous guidance and addresses the artificial...more
The rapid rise of artificial intelligence (AI) has opened up exciting possibilities for innovation, but also uncertainty around who gets credit for inventions developed with the assistance of an AI system. At its core, there...more
The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence...more
The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more
The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. economic and technological advancements are especially acute in the fast advancing AI space. Stakeholders...more
On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is...more