News & Analysis as of

Artificial Intelligence Patents Corporate Counsel

Morgan Lewis

USPTO in 2025: Leadership, Operational, Legislative, and Policy Changes to Watch

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As 2025 unfolds, changes across the patent landscape are unfolding. From agency leadership transitions to proposed legislation and evolving AI-related policies, these shifts could impact patent prosecution, post-grant...more

Kramer Levin Naftalis & Frankel LLP

The Road Ahead: The USPTO Launches Five-Part Artificial Intelligence Strategy

The U.S. Patent and Trademark Office (USPTO) debuted its 2025 Artificial Intelligence Strategy (AI Strategy) policy on Jan. 14, 2025, outlining its vision for using and promoting the development of artificial intelligence...more

Ropes & Gray LLP

Expected Changes to IP Policy under the Second Trump Administration

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Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more

Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

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With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

Fenwick & West LLP

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

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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

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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

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

Goodwin

The Rapid Rise of AI, in Five Charts

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With remarkable speed, AI has evolved from an intriguing concept into a practical business tool that is drawing large investments and more regulatory oversight. The launch of generative AI (GenAI) tools in late 2022 helped...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

Seyfarth Shaw LLP

101 Whack-a-Mole – Yet Another Software Patent Falls Victim to Section 101

Seyfarth Shaw LLP on

In 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International.  The Alice decision established new standards for determining whether inventions, especially those related...more

Williams Mullen

[Webinar] 2024 North Carolina CLE Institute - February 9th, 9:00 am - 2:00 pm ET

Williams Mullen on

Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits....more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

White & Case LLP

UK Supreme Court considers AI inventorship

White & Case LLP on

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

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

BakerHostetler on

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

BakerHostetler

Courts Rule That AI Inventorship Can Rust in Peace

BakerHostetler on

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

Hogan Lovells on

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

Foley & Lardner LLP

4 Takeaways of USPTO Analysis of AI on IP

Foley & Lardner LLP on

The United States Patent and Trademark Office (USPTO) published a report digesting the feedback it received concerning issues of patent policy for artificial intelligence (AI) technologies. The report, “Public Views on...more

Perkins Coie

“I’m Sorry, Dave, I’m Afraid I Can’t Invent That” USPTO Holds That an Artificial Intelligence (AI) Cannot Be an Inventor

Perkins Coie on

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t...more

MoFo Tech

Can AI Be An Inventor? Not At The European Patent Office.

MoFo Tech on

The European Patent Office has denied two patent applications on the grounds that an AI system cannot be listed as the inventor. For the first time, the European Patent Office (EPO) has issued a ruling on its approach to...more

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence at the Patent Trial and Appeal Board

Since the United States Patent and Trademark Office (USPTO) released its 2019 Revised Patent Subject Matter Eligibility Guidance, the Patent Trial and Appeal Board (PTAB) has published over 50 decisions that apply the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Artificial Intelligence-based Patents: Perspectives for Practitioners and Patent Owners

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

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Seeks Comments on Intersection of Intellectual Property and Artificial Intelligence in Second Federal Register Notice

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

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