News & Analysis as of

Patent Applications Public Comment

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

AI IP Year in Review - AI Developments at the USPTO

Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications - The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more

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

Womble Bond Dickinson

Codifying the Experimental Use Exception? USPTO Seeks Public Input

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is...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

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

United States Patent and Trademark Office Proposes Changes to Terminal Disclaimer Practice

On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a notice of proposed rulemaking in the Federal Register that could dramatically impact prosecution practices, especially for those...more

BakerHostetler

USPTO Requests Public Comments on Patentability in View of AI Advancements

BakerHostetler on

The USPTO published a request for comments (RFC) on April 30th, focusing on how advancements in artificial intelligence (AI) may impact the USPTO’s assessment of patentability governing (i) what may qualify as prior art and...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

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

IP Hot Topic: Biden Administration Proposes Framework for Exercising Bayh-Dole March-in Rights to Control Drug Pricing

The Biden-Harris Administration recently announced various actions to lower healthcare and prescription drug costs. In one action, the National Institute of Standards and Technology (NIST) released in December 2023 a draft...more

Goodwin

Federal Government Releases Proposed Guidance for Exercising “March-In” Rights Under the Bayh-Dole Act: Implications for...

Goodwin on

On December 8, 2023, the National Institute of Standards and Technology (NIST) published a draft guidance document regarding the government’s exercise of “march-in” rights under the Bayh-Dole Act. The Bayh-Dole march-in...more

International Lawyers Network

India publishes draft amendments to Patent Rules for public comment

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are...more

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

The Future Of Artificial Intelligence and Inventorship: The USPTO Is Requesting Your Opinion

As the capabilities of Artificial Intelligence (AI) develop, the United States Patent and Trademark Office (USPTO) continues to grapple with a key question: Can an AI be an inventor? On February 14, 2023, the USPTO...more

Venable LLP

Senators Target Patent Continuations and "Patent Thickets," Especially for Pharmaceuticals

Venable LLP on

In a letter dated June 8, 2022 to Kathi Vidal, director of the USPTO, a group of senators led by Patrick Leahy voiced concern over filings of multiple continuation applications, which, according to the letter, result in the...more

Smart & Biggar

New year, new patent rules for excess claim fees and continued examination in Canada

Smart & Biggar on

Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

Morgan Lewis

USPTO Seeks Public Input on Design Patent Protection for Digital Designs Displayed Outside Screens

Morgan Lewis on

The US Patent and Trademark Office has issued a request for public comment seeking the public’s input on whether design patent protection should extend to digital designs that encompass new and emerging technologies, such as...more

White & Case LLP

USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial...

White & Case LLP on

White & Case Technology Newsflash - As artificial intelligence (AI) evolves, it becomes imperative to examine whether the current intellectual property (IP) legal frameworks, in the US and abroad, are adequate to address...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2020

Fenwick & West LLP on

In This Issue - Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions - Interest in artificial intelligence has become so keen that questions previously found only in works...more

Foley & Lardner LLP

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

Mintz - Intellectual Property Viewpoints

Update on Federal Register Notice on Artificial Intelligence (AI) Patent Issues

As noted in our previous post, the U.S. Patent and Trademark Office (USPTO) published a request for comments for a list of questions regarding Artificial Intelligence (AI) Patent Issues in the Federal Register on August 21,...more

Sheppard Mullin Richter & Hampton LLP

Artificial Intelligence (AI) Patents – Will the Patent Office Change the Rules?

The number of patents for inventions based on artificial intelligence, machine learning and deep learning continues to grow rapidly. Some of these inventions relate to AI technology per se, and some relate to the use of AI in...more

Vedder Price

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

Vedder Price on

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

Perkins Coie

Blockchain Week in Review - November 2019 #3

Perkins Coie on

U.S. Developments - The Fed Chairman Comments on Potential for a US-backed Digital Currency - Jerome Powell, Chairman of the Federal Reserve, wrote to Congress this week discussing the merits of implementing a central...more

Jones Day

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Jones Day

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

Jones Day on

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

Foley & Lardner LLP

New USPTO Fees For 2021

Foley & Lardner LLP on

The USPTO has commenced a fee-setting process for fee adjustments it expects to implement in January 2021. While many fee changes are modest (~5%), the USPTO proposes significant increases to patent trial fees and two new...more

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