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DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Addresses Inventorship and Conversion Claim from Industry Summit

On January 13, in BearBox LLC v. Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at...more

Polsinelli

Regeneron v Novartis and Vetter: Walker Process Client Update

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In an appeal that attracted a dozen amici, including the Department of Justice, the Federal Trade Commission, five states, and the District of Columbia, the Second Circuit gave the Walker Process antitrust doctrine a shot in...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

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The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Holland & Knight LLP

The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

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Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Quest for an "Artificial Intelligence" Inventor

The United States Constitution provides the basis for patent laws; it says "Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the...more

Venable LLP

The AI-Assisted Invention

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Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by...more

Eversheds Sutherland (US) LLP

Artificial Intelligence as a patent inventor

​​​​​​​Can an artificial intelligence (AI) system be an inventor? Not in the eyes of the Federal Circuit and the United States Patent and Trademark Office (USPTO). ...more

McCarter & English, LLP

Artificial Intelligence and Inventorship: An Expected Decision with Uncertain Consequences

The top U.S. patent court has confirmed what many were expecting in the patent community — that artificial intelligence (AI) is not considered an “individual” according to the Patent Act and thus AI cannot be named as an...more

Clark Hill PLC

Artificial Intelligence and Inventorship: Federal Court of Appeals Determines That Patent Inventors Must Be Human

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Inventions such as the wheel, the printing press, light bulb, telescope, microscope, transistor, microchip, and the Internet, are amazing in and of themselves. However, these, and thousands of other inventions have also...more

Miller Nash LLP

CAFC Confirms That Artificial Intelligence Cannot Be an Inventor

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About a year ago, we reported on a case out of the Eastern District of Virginia. Stephen Thaler had appealed a decision by the USPTO refusing to recognize an AI machine he created as a person. Judge Brinkema of the Eastern...more

Morgan Lewis

US Federal Circuit: Artificial Intelligence Machine Is Not an Inventor

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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

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

Troutman Pepper Locke

The UK Government Has Published Its ‎Response to Its Consultation on Artificial ‎Intelligence and ‎Intellectual Property

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The UK Government on 28 June 2022 published its response to its Consultation on Artificial Intelligence (“AI”) and Intellectual Property (“IP”). The Consultation examined three areas of IP where the capability of AI has...more

Proskauer - The Patent Playbook

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

Hogan Lovells

Artificial Intelligence and IP: UK IPO consults a second time

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At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should...more

A&O Shearman

Artificial Intelligence and Intellectual Property: what next for the UK?

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There is still time to provide input to the UKIPO on copyright protection of computer-generated works, copyright exceptions for text and data mining and AI inventorship of patents as the government bids to make Britain a...more

Cadwalader, Wickersham & Taft LLP

Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

Increasingly, companies are using artificial intelligence to invent new methods and products.  But can a named inventor be a non-human machine under the law? ...more

Morgan Lewis - Tech & Sourcing

US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI)...more

Proskauer - The Patent Playbook

Artificial Intelligence as the Inventor of Life Sciences Patents?

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and...more

Winstead PC

Recent Developments in Artificial Intelligence and IP Law: South Africa Grants World’s First Patent for AI-Created Invention

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On July 28, the Companies and Intellectual Property Commission of South Africa granted the world’s first patent on an invention created by an artificial intelligence (“AI”) inventor. This development marks an important...more

Kilpatrick

3 Key Takeaways - Subject Matter Eligibility, Inventorship, and Artificial Intelligence

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Recently, Sameer Vadera was a panelist on the “Subject Matter Eligibility, Inventorship, and Artificial Intelligence” panel co-hosted by the Pauline Newman IP American Inn of Court and the PTAB Bar Association. The panelists...more

Rothwell, Figg, Ernst & Manbeck, P.C.

USPTO Report on Public Views on Artificial Intelligence and IP – Current Laws are Adequate, but Data is Key Issue

On October 6, 2020, the United States Patent and Trademark office (USPTO) released a report titled “Public Views on Artificial Intelligence and Intellectual property Policy.”  The report follows the USPTO’s August 2019...more

Morgan Lewis - Tech & Sourcing

Patently Obvious? AI as an Inventor After DABUS

On 7 September 2020, the UK government published a call for views on the future relationship between artificial intelligence (AI) and intellectual property (IP). Though the government called for views on all areas of...more

Fenwick & West LLP

Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions

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Use of artificial intelligence has grown enormously in recent years. A decade ago, machine learning was a new and exotic technology—at least, for mainstream commercial applications—with few companies patenting ML-based...more

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