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Machine Learning Intellectual Property Protection Patents

WilmerHale

Federal Circuit Opinion on Patent Eligibility of Machine Learning Applications Underscores Potential Value of Trade Secrecy to...

WilmerHale on

On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more

Alston & Bird

Patent Case Summaries | Week Ending April 18, 2025

Alston & Bird on

Recentive Analytics, Inc. v. Fox Corp., et al., No. 2023-2437 (Fed. Cir. (D. Del.) Apr. 18, 2025). Opinion by Dyk, joined by Prost and Goldberg (sitting by designation). Recentive sued Fox for infringing four patents that...more

MoFo Life Sciences

Recentive: Raising the Patent-Eligibility Bar in AI-Related Inventions

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

J.S. Held

Evolving Landscape of Technology Rights Enforcement

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Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

Jones Day

Blurring the Line Between the Dry and Wet Lab: Joint Inventorship in AI-Assisted Life Science Inventions

Jones Day on

In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI"). Particularly noteworthy for the life science community is the Nobel Prize in...more

Carlton Fields

No Copyright Protection for AI-Assisted Creations: Thaler v. Perlmutter

Carlton Fields on

Dr. Stephen Thaler’s attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the...more

Mintz - Intellectual Property Viewpoints

Understanding How to Patent Agentic AI Systems

Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more

Maynard Nexsen

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

Maynard Nexsen on

Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from...more

MoFo Life Sciences

Navigating Inventorship in the Era of AI-Assisted Drug Discovery

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

Volpe Koenig

Artificial Ingenuity: Is Generative AI the New 'Person of Ordinary Skill' in Patent Law?

Volpe Koenig on

The concept of the "person of ordinary skill in the art" (POSITA) remains pivotal in patent law, particularly in evaluating obviousness under 35 U.S.C. § 103 and compliance with enablement and written description requirements...more

DLA Piper

China Releases Guidelines for AI-Related Invention Patent Applications

DLA Piper on

The China National Intellectual Property Administration ("CNIPA") issued the Guidelines for Patent Applications for Artificial Intelligence ("AI") Related Inventions (Trial Implementation) ("Guidelines") on 31 December 2024,...more

Mintz - Intellectual Property Viewpoints

Patenting AI/ML Life Sciences and TechBio Innovations – How Much Disclosure is Sufficient?

In recent years, the rapid advancement of artificial intelligence (AI) and machine learning (ML) technologies has sparked a wave of innovation across various sectors, particularly in life sciences. ML technologies have...more

Foley Hoag LLP

Conversations with the Industry: Jason Fiorillo, Boston Dynamics

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Jason Fiorillo, Chief Legal Officer and Secretary of Boston Dynamics, is a recognized leader in the robotics and AI industries and brings deep expertise in navigating the rapidly evolving intersections of technology,...more

McDermott Will & Emery

Assessing Inputs: Determining AI’s Role in US Intellectual Property Protections

The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and...more

WilmerHale

PTAB/USPTO Update - February 2025

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On January 20, the same day Donald Trump was sworn in as president, Coke Morgan Stewart was sworn in as the Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director of the United States...more

Fenwick & West LLP

DeepSeek, Model Distillation, and the Future of AI IP Protection

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A flurry of developments in late January 2025 has caused quite a buzz in the AI world. On January 20, DeepSeek released a new open-source AI model called R1 and an accompanying research paper....more

Baker Botts L.L.P.

Intellectual Property Report February 2025

Baker Botts L.L.P. on

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more

Polsinelli

USPTO Announces New Artificial Intelligence Strategy

Polsinelli on

Synopsis: On January 14, 2025, the USPTO unveiled a new Artificial Intelligence (AI) Strategy, which outlines responsible implementation of AI within the agency and more generally across the intellectual property (IP)...more

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

AI IP Year in Review - Five Key Takeaways from the 2024 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

Mintz - Intellectual Property Viewpoints

USPTO Issues Artificial Intelligence Strategy

Artificial Intelligence (AI) in intellectual property is as big – and as fast-changing – a topic as ever. On January 14, 2025, the U.S. Patent and Trademark Office (USPTO) published an Artificial Intelligence Strategy...more

Dickinson Wright

Part 3: Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance

Dickinson Wright on

This is the third post in a 3-part series. Below, we describe Example 49 which focuses on using AI to assist with a medical treatment....more

Foley Hoag LLP

Summary of the USPTO Artificial Intelligence Strategy (January 2025)

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The U.S. Patent and Trademark Office (USPTO) has announced its strategy for addressing important issues at the intersection of artificial intelligence and intellectual property rights. Although primarily concerned with the...more

Baker Botts L.L.P.

AI For Patent Drafting in 2025

Baker Botts L.L.P. on

Can AI be used to draft a patent application? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible. For example, at the end of 2024, a leap...more

Kramer Levin Naftalis & Frankel LLP

The Road Ahead: The USPTO Launches Five-Part Artificial Intelligence Strategy

The U.S. Patent and Trademark Office (USPTO) debuted its 2025 Artificial Intelligence Strategy (AI Strategy) policy on Jan. 14, 2025, outlining its vision for using and promoting the development of artificial intelligence...more

Womble Bond Dickinson

USPTO Announces New Effort to Promote AI and Emerging Technologies

Womble Bond Dickinson on

The U.S. Patent and Trademark Office (USPTO) recently announced an official Artificial Intelligence Strategy that outlines how the Office plans to address the promise and challenges of artificial intelligence (AI) in its...more

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