News & Analysis as of

Artificial Intelligence Authorship Inventors

Fox Rothschild LLP

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

Fox Rothschild LLP on

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more

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

AI IP Year in Review - The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of...

Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate “AI art” has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This...more

Orrick, Herrington & Sutcliffe LLP

Innovating with AI: Ensuring You Own Your Inventions

When you're thinking about using AI to develop your company's technology, there are two primary areas that I like to think about. First is ownership. Currently, under U.S. law, the outputs of artificial intelligence are not...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

Fenwick & West LLP on

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Venable LLP

USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

Venable LLP on

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Woods Rogers

AI and Invention: USPTO Issues More Guidance

Woods Rogers on

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

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

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

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

USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments...more

McDermott Will & Emery

PTO Reopens Comment Period for AI Inventorship Guidance

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted...more

International Lawyers Network

The Ownership Debate: Intellectual Property in AI. Who Does It Belong To?

With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI?...more

Sunstein LLP

AI in the Patent Landscape: USPTO Directive Explores Inventorship Dynamics

Sunstein LLP on

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February...more

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Benesch on

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Smart & Biggar

Ghost in the machine: AI and patent protection

Smart & Biggar on

On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue...more

Benesch

AI and IP: Leveraging Opportunities for Your Business

Benesch on

Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to...more

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

The Pros And Cons Of Protecting AI As Trade Secrets

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Latham & Watkins LLP

USPTO Releases Guidance on AI and Inventorship

Latham & Watkins LLP on

The agency offers a practical test with examples for determining patentability of AI-assisted inventions that is grounded in feedback from stakeholders. In its continuing effort to respond to President Biden’s AI-related...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

Smart & Biggar on

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

McDermott Will & Emery

PTO Issues Guidance, Request for Comment on AI Inventorship

McDermott Will & Emery on

On February 13, 2024, the US Patent & Trademark Office (PTO) issued a notice with examination guidance and request for comment regarding inventorship in applications involving artificial intelligence (AI)-assisted inventions....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Guidance about Inventorship of AI-assisted Inventions

On February 12, 2024, the U.S. Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI).  The guidance, signed by Kathi Vidal,...more

Dechert LLP

Inventive AI: UK Supreme Court holds that only humans can be inventors

Dechert LLP on

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent...more

Goodwin

What’s Next for AI? Six Areas to Watch in 2024

Goodwin on

Generative AI (GenAI) surged to the forefront of corporate agendas and public policy debates last year, promising to boost productivity and innovation. What’s in store for AI in 2024?...more

Baker Donelson

Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

Baker Donelson on

INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more

Venable LLP

[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial...

Venable LLP on

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our...more

Baker Donelson

Generative Artificial Intelligence Asks Questions of Innovation in Patent Law

Baker Donelson on

Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable...more

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

Haug Partners LLP on

Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

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