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Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

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With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

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Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Venable LLP

USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...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

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

Troutman Pepper Locke

The UK Supreme Court Confirms That ‎AI Cannot Be the “Inventor” for a UK ‎Patent Application

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On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. Whilst the judgment is in essence confined to the interpretation of “inventor”...more

White & Case LLP

5 Practical Considerations for Users of Generative AI Tools following Thaler and Allen

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You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works: (a) On August 18, 2023, the United States District Court for the District of Columbia ruled in...more

Vinson & Elkins LLP

AI Need Not Apply: Federal Circuit Holds Artificial Intelligence Cannot Be an Inventor

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On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed. Cir. Aug. 5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. In rejecting a...more

BakerHostetler

Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

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On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a...more

BakerHostetler

Courts Rule That AI Inventorship Can Rust in Peace

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On Sept. 2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. It ruled that...more

Hogan Lovells

Judge signals that artificial intelligence cannot be named as an inventor in the United States

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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

Perkins Coie

“I’m Sorry, Dave, I’m Afraid I Can’t Invent That” USPTO Holds That an Artificial Intelligence (AI) Cannot Be an Inventor

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In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t...more

Jones Day

When Innovation Invents: Artificial Intelligence Issues at the U.S. Patent and Trademark Office

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The Situation: Artificial intelligence ("AI") is growing more powerful and gaining application in many areas. AI can now create new innovation on its own, without a human inventor—a capability that will only expand as...more

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