Innovations involving artificial intelligence (AI) and machine-learning (ML) are being developed at an ever-accelerating pace. For example, as illustrated in Figure 1, the number of patent applications published by the United...more
On October 30, 2019, the U.S. Patent and Trademark Office released a Federal Register Notice requesting comments on issues of artificial intelligence (AI) and intellectual property, the second such request in the past three...more
The public comment period regarding patenting of artificial intelligence (AI) invention is closing tomorrow, Friday, October 11, 2019. In a Notice posted August 27, 2019, USPTO Director Iancu sought public input on issues...more
USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways -
On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more
6/6/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Copyright ,
Design Patent ,
Due Diligence ,
Farm Bill ,
Food and Drug Administration (FDA) ,
IP License ,
Lanham Act ,
Licenses ,
Licensing Rules ,
Open Source Software ,
Patent Ownership ,
Patent Validity ,
Patents ,
Software ,
Software Patents ,
Trademarks ,
USPTO
For over 30 years, open source software (OSS) has formed the backbone of the technology industry. Today, it is nearly impossible to find a computing device that does not utilize an open source component. For example, the...more
Artificial Intelligence (AI) and Machine Learning (ML) are poised to revolutionize the field of healthcare. For example, researchers are leveraging deep learning methods to find new ways to efficiently diagnose and treat...more
Research and development conducted worldwide is currently driving the so-called “Fourth Industrial Revolution” (referred to herein as “4IR”). 4IR encompasses three major fields: (1) physical technologies, including autonomous...more
Artificial intelligence (AI) and machine learning (ML) are specifically addressed in new draft Guidelines for Examination (Guidance) released earlier this month from the European Patent Office (EPO). The Guidance includes...more
Federal Circuit Distinguishes Obviousness between Apparatus and Method Claims -
On September 13, 2018, the Federal Circuit affirmed three final written decisions of the U.S. Patent Trial and Appeal Board that held...more
Avoiding Common IP Pitfalls: What Every Startup Needs to Know -
Startup companies often face significant risk and liability with respect to Intellectual Property (IP) on their path to success. The failure to adequately...more
The field of artificial intelligence (AI) has progressed rapidly over the last few decades, resulting in billions of people using AI of some form or another in their daily lives. Such widespread adoption of the technology has...more
Intelligent Machines - Engines of Intellectual Property Creation? -
Recently, artificial intelligence (AI) has become an increasing part of our daily lives. Many of us utilize virtual assistants such as Apple’s Siri and...more
Recently, artificial intelligence (AI) has become an increasing part of our daily lives. Many of us utilize virtual assistants such as Apple’s Siri and Amazon’s Alexa, we interact with customer support through chat bots, and...more
"The first and only autonomous AI system authorized by the FDA" -
On April 11, 2018, the U.S. Food and Drug Administration (FDA) permitted marketing of a medical device that utilizes artificial intelligence to diagnose eye...more
On March 20, 2018, Rep. Elise Stefanik (R-NY) introduced a bill (H.R. 5356) in the United States House of Representatives in an effort to establish a new National Security Commission on Artificial Intelligence. The...more
Over the last two months, the United States legislature has introduced three new bills intended to establish a Federal Advisory Committee on the rapidly-evolving field of artificial intelligence (AI) and to analyze and report...more
The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? -
On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more
9/18/2017
/ Defend Trade Secrets Act (DTSA) ,
Forum Selection ,
Intellectual Property Protection ,
Marijuana ,
Misappropriation ,
Patents ,
Principal Place of Business ,
TC Heartland LLC v Kraft Foods ,
Trade Secrets ,
Venue ,
Water Splash v Menon
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed decades of expansive patent venue interpretation by the Federal Circuit. A succinct 10-page opinion by Justice Thomas...more
Supplemental Examination: Potential Benefits vs. Guaranteed Risks -
The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more
9/16/2016
/ 3D Printing ,
America Invents Act ,
Compulsory Licenses ,
Defend Trade Secrets Act (DTSA) ,
Digital Media ,
DMCA ,
EU ,
Indirect Infringement ,
Intellectual Property Protection ,
Music Streaming ,
Patents ,
Popular ,
Royalties ,
Startups ,
Supplemental Examination ,
Trade Secrets ,
Trademarks ,
UTSA ,
Venture Capital ,
Venture Funding
The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable inequitable conduct litigation and improve patent quality. As codified, 35...more