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USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

PTAB/USPTO Update - May 2024

On April 30, the USPTO announced a Request for Comments (RFC) seeking public feedback on how AI could affect USPTO evaluations on patentability, including what qualifies as prior art and the assessment of the level of...more

USPTO Requests Comments Regarding AI's Impact

On April 30, 2024, the United States Patent and Trademark Office (USPTO) published a Request for Comments (RFC) seeking stakeholder input on fifteen questions regarding artificial intelligence (AI) and its impact on (1) prior...more

USPTO’s Notice of Proposed Rulemaking for Discretionary Denial Briefing, Section 325(d), Instituting Parallel and Serial...

On April 19, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) that proposes rules regarding the exercise of discretion to determine whether to institute an Inter Partes...more

USPTO Issues Guidance on Using Artificial Intelligence Tools

On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO. ...more

USPTO Issue Notice of Proposed Rulemaking for Rules Governing Director Review of Patent Trial and Appeal Board Decisions

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA)...more

PTAB/USPTO Update - March 2024

On February 13, the USPTO issued inventorship guidance for AI-assisted innovations. The guidance, effective as of February 13, 2024, emphasizes that AI-assisted inventions are not categorically unpatentable and the...more

USPTO Issues Guidance for AI-assisted Inventions

On February 12, 2024, the United States Patent and Trademark Office (USPTO) announced guidance and a request for comments regarding evaluating inventorship for artificial intelligence (AI) assisted inventions (the “AI...more

PTAB/USPTO Update - February 2024

A recent article, “Discovering Value: Women’s Participation in University and Commercial Artificial Intelligence (AI) Invention,” reports on a new study finding that women’s participation in patenting results in patents with...more

PTAB/USPTO Update - January 2024

On January 4, the USPTO announced the appointment of new leaders for the agency’s policy and communications teams. Sharon Israel will serve as the Chief Policy Officer and Director for International Affairs, and Jack...more

PTAB/USPTO Update - December 2023

Patent Center Replaces EFS-Web and Private PAIR - On November 15, following a one-week delay, the legacy EFS-Web and Private Patent Application Information Retrieval (Private PAIR) systems were officially retired and...more

PTAB/USPTO Update - November 2023

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

PTAB/USPTO Update - October 2023

Patent Center is slated to fully replace the legacy EFS-Web system and Private Patent Application Information Retrieval (Private PAIR) tool on November 8, 2023. The USPTO continues to host virtual training events to help...more

PTAB/USPTO Update - September 2023

On August 31, 2023, the Patent Trial and Appeal Board published its updated Oral Hearing Guide. Changes reflected in the update include the addition of an all-virtual hearing option for AIA trials, updated information on how...more

PTAB/USPTO Update - August 2023

USPTO News - On July 11, the USPTO Office of the Chief Economist released the 2022 updates to its Trademark Case Files Dataset and Trademark Assignment Dataset....more

Federal Circuit Adopts “Skilled Searcher” Standard for IPR Estoppel

On April 3, 2023, the Federal Circuit issued an opinion in Ironburg Inventions Ltd. v. Valve Corp., addressing the scope of what invalidity grounds are subject to estoppel pursuant to 35 U.S.C. § 315(e)(2) and the burden of...more

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