The last 11 years have taught us much about the Federal Circuit; namely, that a majority of the judges simply do not seem to appreciate software. Given the statements that several have made in opinions, one might be able to...more
For the last several years, patentees and patent practitioners have been waiting for the Federal Circuit to weigh in on the patent eligibility of machine learning models. There was an expectation that, like any other...more
For most of the last two decades, the U.S. Patent and Trademark Office offered its electronic filing system (EFS), through which practitioners could file patent applications and related prosecution documents, and private...more
The advice to practitioners faced with marginally relevant prior art has long been "when in doubt, cite it." There was a small cost for the applicant (or practitioner) to cite such art by filing an information disclosure...more
Generative artificial intelligence (genAI) company OpenAI recently published its “approach to patents,” which includes what might appear to be a promise not to assert its own patents against other parties except in...more
Any patent attorney who has been in the business for more than a few years understands from experience that some USPTO examiners are tougher than others. This should not be surprising, as each examiner is an individual who...more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. Last week, the US House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet...more
On February 27, 2024, the U.S. Patent and Trademark Office published its Updated Guidance for Making a Proper Determination of Obviousness ("Guidance") in the Federal Register. The stated goal of the Guidance is...more
On February 12, 2024, the United States Patent and Trademark Office (USPTO) issued guidance clarifying the role of artificial intelligence (AI) in the inventorship of patents. The document exhibits a nuanced approach to the...more
There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following.
The Beijing Internet Court has ruled that a plaintiff who used...more
12/6/2023
/ Amazon ,
Artificial Intelligence ,
Authorship ,
Bots ,
Copyright ,
Copyright Office ,
Intellectual Property Protection ,
Machine Learning ,
Patents ,
Photographs ,
UK ,
UK Intellectual Property Office (UK IPO)
The impact of generative artificial intelligence (AI) is unsurprisingly significant in the field of education, with some teachers and professors responding by instituting oral examinations, handwritten essays, or requiring...more
8/14/2023
/ Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Judicial Proceedings ,
Legal Project Management ,
Litigation Strategies ,
Machine Learning ,
Patents ,
Rules of Professional Conduct ,
Standing Orders
The storied case of American Axle v. Neapco Holdings has entered a new chapter -- not the final chapter but the plot has thickened considerably. As a recap, Judge Stark, then of the District Court for the District of...more
It is hard to overstate the impact that large language models (LLMs) with chat-based interfaces, including ChatGPT and Bard, have had since their respective launches. These models are changing the high tech, education,...more
Establishing a prima facie case of obviousness based on a multiple prior art references generally requires that the references teach or suggest all claim elements and that one of ordinary skill in the art would be motivated...more
They may have known that it was coming. Over the last several weeks, lobbying organizations and high-tech blogs have been slowly introducing the same old false, misleading, and deceptive arguments against patent law. These...more
Patent eligibility is broken.
The only semi-cogent arguments that I have ever heard in support of the status quo is that the U.S. Patent and Trademark Office issues too many broad, vague patents, and that 35 U.S.C. § 101...more
The patent statute requires that, to be patentable, the subject matter of an invention must be at least one of a process, machine, article of manufacture, or composition of matter. It is hard to find examples of things that...more
On April 18, 2023, we submitted a Supreme Court amicus brief expressing our encouragement for the justices to rule on the question of whether it is proper for an artificial intelligence (AI) to be an inventor on a patent...more
Years ago, I was a proud parent when my children were invited to participate in an honors math program at their grade school. But this initial delight turned to confusion, and eventually frustration....more
The U.S. Patent and Trademark Office (USPTO) organizes its examining corps into technical centers (TCs). Each TC is dedicated to one or more general technical fields. In some cases, one TC may include two or more unrelated...more
We are all familiar with the rhetorical device of a parade of horribles -- a series of very bad things that could happen if some action is (or isn't) taken. Often, these parades involve a degree of hyperbole. In other...more
When boiled down to a fundamental level, all technologies are double-edged swords. A spear can be used to hunt game or to wage war. A hammer can be used to build a shelter or to murder fellow humans. Social media can be...more
The interpretation of 35 U.S.C. 101 has been in flux for over a decade. Please join MBHB Partner Michael Borella, Ph.D., as he discusses its latest iteration, how patent eligibility is currently viewed by the USPTO and...more
There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1] This has resulted in the general understanding that there are "easy" examiners and "tough"...more
In Liu Cixin's novel The Three Body Problem, the characters create a "computer" from human labor. Millions of people serve as "bits" and hold up flags to indicate whether they represent 0s or 1s. These individuals are given...more