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The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions
2023 was a breakthrough year for AI technology, marked by the rise of generative AI with a multitude of new GPT models and advanced diffusion models....more
The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO...more
The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a...more
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
The rapid rise of artificial intelligence (AI) has opened up exciting possibilities for innovation, but also uncertainty around who gets credit for inventions developed with the assistance of an AI system. At its core, there...more
On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is...more
The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more
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
Patents related to mobile devices and wireless networks have received significant industry attention as they enable mobile device manufacturers, network system vendors, and cellular providers to protect the intellectual...more
This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable...more
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
Can we trust U.S.P.T.O. guidance on inventorship determinations for AI-assisted inventions, if that guidance runs headlong into case law precedent? Recently I started to believe the U.S.P.T.O. set a possible and unintended...more
The recent guidance from the United States Patent and Trademark Office on evaluating inventorship involving AI tools has sparked discussions on treating AI differently from other advanced tools. The guidance lacks clear...more
On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed...more
Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more
The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this...more
IP is again being celebrated this year on April 26, with the World Intellectual Property Organization paying homage to the intersection of IP and the Sustainable Development Goals (SDGs) and “[b]uilding our common future with...more
Amidst economic constraints, industry convergence, and the need for improved patent quality, patent workflows demand a paradigm shift to meet the evolving landscape. The current macro environment combined with the increasing...more
Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be...more
Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin....more
The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of...more
On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). The guidance addresses...more
The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more
While traditional charging methods, such as plug-in charging stations, have played a crucial role in the initial adoption of electric vehicles (EV), EV charging technology is poised for a transformative shift by going...more