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Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

BakerHostetler

Patent Experts: No Ordinary Skill in the Art at the Time of Invention? No Problem!

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The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Threading the Needle: Navigating the Matrix Created by the U.S. Supreme Court and Unified Patent Court   

As a firm responsible for managing global portfolios for pharmaceutical companies, we closely follow and seek to stay abreast of developments regarding patentability in various jurisdictions. We recently reviewed the Unified...more

Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Clarifies the Meaning of “Publicly Disclosed”

This decision emphasizes the significance of broader public dissemination to meet the statutory requirement of “publicly disclosed” for purposes of exceptions to prior art under 35 U.S.C. § 102(b)(2)(B)....more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

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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

Baker Botts L.L.P.

When Algorithms Meet Regulators - The Unexpected Vulnerability of AI Trade Secrets

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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

MoFo Tech

USPTO Guidance: Artificial Intelligence Inventions That Solve A Technical Problem Eligible For Patenting

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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

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

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

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues AI Subject Matter Eligibility Guidance

The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more

Locke Lord LLP

The UK Supreme Court Confirms That ‎AI Cannot Be the “Inventor” for a UK ‎Patent Application

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On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. Whilst the judgment is in essence confined to the interpretation of “inventor”...more

Epstein Becker & Green

New York Employers: Important Legislative Updates from Albany

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For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more

White & Case LLP

5 Practical Considerations for Users of Generative AI Tools following Thaler and Allen

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You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works: (a) On August 18, 2023, the United States District Court for the District of Columbia ruled in...more

Cole Schotz

New York Employers Take Note: Another Slew of Laws Have Been Passed

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In recent weeks, New York enacted various employment laws that provide additional protections for New York employees. After reviewing the below, which summarizes the new laws in descending order of effective date, employers...more

McDermott Will & Emery

What’s Shakin’ Bacon? Not Inventorship—Contribution to Invention Can’t Be “Insignificant”

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court decision and found that an asserted inventor not named in the application was not a joint inventor because in the context of the entire invention his...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - May 2023: Kyocera and the Brewing Debate Over Expert Qualifications at the PTAB

Technical experts play a key role in patent litigation, including in PTAB litigation. Indeed, experts are often the only witnesses to provide testimony in PTAB proceedings, and final written decisions often hinge on which...more

White & Case LLP

UK Supreme Court considers AI inventorship

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On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Notice Regarding Certain Filing Receipts Issued Between March and October 2022

Last week, the U.S. Patent and Trademark Office issued a Notice advising Applicants to review filing receipts issued between March 2022 and mid-October 2022 to confirm that the granted foreign filing license notification has...more

Foley Hoag LLP

Seventh Circuit Emphasizes the Necessity of a Written Invention Assignment Agreement

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In July 2022, the Seventh Circuit issued an opinion making it clear that employers must put in place written invention assignment agreements if they want to ensure ownership of employee inventions...more

McCarter & English, LLP

New Bill Seeks to Remove Long-Standing Roadblock to Patent Protection

Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving...more

Vinson & Elkins LLP

AI Need Not Apply: Federal Circuit Holds Artificial Intelligence Cannot Be an Inventor

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On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed. Cir. Aug. 5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. In rejecting a...more

BakerHostetler

Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

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On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a...more

Porter Hedges LLP

Significant Current Issues in Patent Litigation: What to Watch in 2022

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Some of the most significant current issues in patent litigation have been percolating for years: patent eligibility, venue, and inter partes review proceedings. In this post, we consider guidance on patent eligibility;...more

BakerHostetler

Courts Rule That AI Inventorship Can Rust in Peace

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On Sept. 2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. It ruled that...more

Hogan Lovells

Judge signals that artificial intelligence cannot be named as an inventor in the United States

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The ongoing artificial intelligence (“AI”) inventorship case of Thaler v. Iancu, et al. (No. 1:20-cv-00903) took another turn on April 6th when U.S. District Court Judge Leonie Brinkema of the Eastern District of Virginia...more

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