Inventors, Algorithms

USPTO's AI Patent Eligibility Guidance, Vincent Look

Womble Bond Dickinson on 4/14/2025

In 2024, the USPTO published guidance on whether an AI-based invention is patent eligible. The guidance includes three hypothetical inventions, including one relating to using an artificial neural network for data anomaly...more

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

Fox Rothschild LLP on 4/3/2025

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more

The Tokyo District Court Holds an Artificial Intelligence System Cannot Be an Inventor Under Japanese Patent Law

Jones Day on 6/25/2024

Following similar decisions in other countries, a Japanese court held for the first time on May 16, 2024, that an inventor in the Patent Act is limited to a natural person and does not include an artificial intelligence...more

Enabling AI-Assisted Inventions and the Black-Box Problem

Haug Partners LLP on 5/22/2024

Earlier this year, the U.S. Patent Office issued its Inventorship Guidance for AI-Assisted Inventions.The main takeaway is that “[w]hile AI systems . . . cannot be listed as inventors on patent applications,” the “use of an...more

District Court Rules that AI-Generated Works Cannot Be Copyrighted

Morrison & Foerster LLP on 8/30/2023

The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v....more

Generative AI-Assisted Patent Inventorship Questions Remain

Jones Day on 6/23/2023

The Situation: The U.S. Supreme Court recently denied certiorari in Thaler v. Vidal, leaving intact the Federal Circuit's ruling that only human beings, and not artificial intelligence ("AI") systems, can be inventors under...more

Key Issues in Generative AI Transactions

Morrison & Foerster LLP on 4/26/2023

Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS...more

Should AI Machines Have Rights?

Weintraub Tobin on 9/12/2022

In the last few years, the U.S. Copyright Office refused to allow a copyright registration for a work of art created by a machine, and a federal district court held that an artificial intelligence system could not be an...more

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