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Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

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The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

Baker Botts L.L.P.

Intellectual Property Report

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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

Baker Botts L.L.P.

The Importance of Prong Two of Step 2A for AI inventions

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Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more

IPRally

How AI is Transforming Patent Intelligence

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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

Eversheds Sutherland (US) LLP

The reality of patent claims using artificial intelligence: USPTO publishes AI guidance

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

Ballard Spahr LLP

New USPTO Guidance Hones AI-Related Patent Eligibility Criteria

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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

Baker Botts L.L.P.

When Algorithms Meet Regulators - The Unexpected Vulnerability of AI Trade Secrets

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Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency?...more

Woods Rogers

AI and Invention: USPTO Issues More Guidance

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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

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

Foley & Lardner LLP

How to Patent AI-Assisted Inventions: USPTO Guidance Highlights Importance of Understanding the ‘Significant Contributions’...

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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

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

IP Hot Topic: Update on USPTO Guidance for AI Subject Matter Eligibility

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

Mayer Brown

USPTO Provides Insight Into Patent Eligibility in the Context of AI

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As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more

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

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Fox Rothschild LLP

New USPTO Guidance Describes Patent Eligibility for Inventions That Use AI

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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

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

J.S. Held

Applying Testing Tools to Establish Evidence of Use for Wireless Patents

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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

Seyfarth Shaw LLP

At Least One Reason to Look Up: Celebrating 4th of July with Drone Light Shows

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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

Vinson & Elkins LLP

Checkpoints Ahead: Parsing the AI Risk Environment

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Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to...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

Dunlap Bennett & Ludwig PLLC

“Significance” Of Inventor Contributions To AI-Assisted Inventions – Red Flags And Potential Traps Within Patent Office Guidance

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

Fenwick & West LLP

Understanding the USPTO Guidance on Inventorship and AI Tools

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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

Hogan Lovells

Can an AI be a patent inventor? (Japan)

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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

Woods Rogers

Industry Reacts to USPTO Guidance on Using AI to Innovate

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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

BakerHostetler

[Podcast] Artificial Intelligence: Risks and Rewards

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The pitfalls of modern technology have become clearer with the advent of generative AI, requiring companies to adopt AI usage policies. This year, our attorneys have seen noteworthy growth in requests for counsel involving...more

Wilson Sonsini Goodrich & Rosati

Opportunity for Innovative Companies to Shape U.S. Patent and Trademark Office Initiatives

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

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