News & Analysis as of

Computer-Related Inventions Patent-Eligible Subject Matter United States Patent and Trademark Office

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

Wolf, Greenfield & Sacks, P.C.

Highlights of the USPTO’s Updated Guidance on Subject Matter Eligibility Including Artificial Intelligence

The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence. As part of its ongoing effort to provide education and...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

MoFo Tech

USPTO Guidance: Inventions Made With AI Assistance Can Be Patent-Eligible

MoFo Tech on

The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patentability and inventorship for inventions made with the assistance of artificial intelligence (AI), clarifying the Office’s position that such...more

K&L Gates LLP

New USPTO Guidelines on AI-Assisted Inventions Leave Many Questions Unanswered

K&L Gates LLP on

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of...more

Polsinelli

The USPTO's AI Inventorship Guidance

Polsinelli on

The USPTO published its new “Inventorship Guidance for AI-assisted Inventions” on the Federal Register on February 13, 2024. This new guidance was in part a response to the Federal Circuit’s Thaler decision, which ruled that...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

Fish & Richardson

USPTO Says AI-Assisted Inventions Not Categorically Unpatentable in New Guidance

Fish & Richardson on

Is an invention developed with the assistance of artificial intelligence (AI) patentable? On February 13, the United States Patent and Trademark Office (USPTO) issued guidance that helps to answer this question while also...more

Morgan Lewis

US Federal Circuit: Artificial Intelligence Machine Is Not an Inventor

Morgan Lewis on

The US Court of Appeals for the Federal Circuit affirmed on August 5 that only a natural person—not an artificial intelligence system—can be an inventor....more

AEON Law

Patent Poetry: Big Tech Companies and Startups Disagree about Impact of Patent Law

AEON Law on

The US Patent and Trademark Office (USPTO) recently issued a study entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States.” The report was prepared in response to a...more

Proskauer - Life Sciences

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Worried About Alice

Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to...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

Kilpatrick

Will There Be a Legislative Push to Reform Patent Eligibility Requirements During the Biden Administration?

Kilpatrick on

On March 5, 2021, bipartisan members of the Senate Committee on the Judiciary Subcommittee on Intellectual Property, Senators Tillis (R-NC), Hirono (D-HI), Cotton (R-AR) and Coons (D-DE), sent a letter to the USPTO’s...more

Sheppard Mullin Richter & Hampton LLP

How to Successfully Obtain Blockchain Patents

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these...more

Jones Day

Protecting AI Innovations Through Trade Secrets and Patent Protection

Jones Day on

AI is becoming ubiquitous across all industries. AI systems and services are embedded in everyday products and services, including Amazon's Alexa, Netflix streaming services, and Nest smart thermostats. AI systems are also...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Publishes Report on AI-Related Policies

Last year, the U.S. Patent and Trademark Office (USPTO) issued a request for comments (RFC) on patenting artificial intelligence (AI) based inventions.  Topics of the RFC included AI's impact on inventorship and ownership,...more

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

Patent Prosecution Tool Kit: Update on Patent Subject Matter Eligibility & Abstract Ideas

Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, patent stakeholders have faced many difficulties navigating the world of patent-eligibility. Through many Federal Circuit decisions and Guidance given by the U.S....more

Foley & Lardner LLP

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

Mintz - Intellectual Property Viewpoints

Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology – Part 2: Key Issues in Patent Subject...

In our first blog in this multi-part series, we explored key considerations for protecting artificial intelligence (“AI”) inventions in biotech and synthetic biology. In this part 2 of the series, we will examine some key...more

Holland & Knight LLP

USPTO Designates Ex Parte Linden as an Informative § 101 PTAB Decision

Holland & Knight LLP on

The U.S. Patent and Trademark Office (USPTO), on occasion, publishes certain Patent Trial and Appeal Board (PTAB) decisions as precedential or informative. An informative decision provides PTAB norms on recurring issues,...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Designates as Informative Three Decisions on Obviousness and Patent Eligibility

The Patent Trial and Appeal Board (PTAB) recently designated three more decisions as informative, bringing the total number of informative decisions to 13 for 2019. Two decisions—one final and one on institution—address...more

Jones Day

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Nelson Mullins Riley & Scarborough LLP

USPTO's October 2019 Update to 35 U.S.C. § 101 Patent Eligibility Guidance

The U.S. Patent and Trademark Office (“USPTO”) recently released October 2019 Patent Eligibility Guidance Update (“October 2019 Update”), which supplements the Guidance issued on January 7, 2019 (“2019 Guidance”)....more

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