News & Analysis as of

Artificial Intelligence Software United States Patent and Trademark Office

BakerHostetler

[Podcast] Making Moves: The USPTO Provides Guidance, Proposes Changes

BakerHostetler on

The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on...more

Robinson+Cole Data Privacy + Security Insider

Microsoft Filed Patent Application on Method for Eliminating Artificial Intelligence Hallucinations

Microsoft is developing a way to eliminate hallucinations, or false responses, in artificial intelligence (AI) models. It filed U.S. Patent Application No. 18/140,658, entitled “Interacting with a Language Model using...more

Goodwin

Four Steps to Maximize AI Innovation in Medtech

Goodwin on

Investment in artificial intelligence (AI) is rising fast. The International Data Corporation projects global spending on AI R&D will reach $632 billion by 2028, more than twice the expected total for 2024....more

Dickinson Wright

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

Dickinson Wright on

Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial...more

Baker Botts L.L.P.

Intellectual Property Report

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

MoFo Tech

USPTO Guidance: Artificial Intelligence Inventions That Solve A Technical Problem Eligible For Patenting

MoFo Tech on

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

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

WilmerHale on

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

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

BakerHostetler on

In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Holland & Knight LLP

Revisiting AI Inventorship in Thaler v. Vidal

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit recently released its decision in Thaler v. Vidal, No. 21-2347 (Fed. Cir.), the much-discussed case that addresses whether artificial intelligence (AI) software can be listed...more

McDermott Will & Emery

Rage against the Machine: Inventors Must Be Human

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural...more

Weintraub Tobin

AI Systems May Invent, But Are They Inventors?

Weintraub Tobin on

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a...more

Farella Braun + Martel LLP

Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent...more

Foley & Lardner LLP

The Challenges of Patenting Autonomous Vehicle AI and Software

Foley & Lardner LLP on

There are countless innovations being made for autonomous vehicle components, including for advanced sensors, radar and LiDAR, geolocation, and telecommunications. The automotive industry filed 25k+ patents in 2018 to protect...more

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