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The concept of the "person of ordinary skill in the art" (POSITA) remains pivotal in patent law, particularly in evaluating obviousness under 35 U.S.C. § 103 and compliance with enablement and written description requirements...more
While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...more
As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more
It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal...more
Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more
A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in...more
Artificial Intelligence (AI) has become one of the most transformative technologies of the 21st Century. It is revolutionizing the way we create and protect intellectual property (IP), presenting both challenges and...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more