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Patent-Eligible Subject Matter › Artificial Intelligence › Computer-Related Inventions

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

A&O Shearman on

There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

Woods Rogers

AI and Invention: USPTO Issues More Guidance

Woods Rogers on

On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a...more

Wolf, Greenfield & Sacks, P.C.

Highlights of the USPTO’s Updated Guidance on Subject Matter Eligibility Including Artificial Intelligence

Wolf, Greenfield & Sacks, P.C. on

The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence. As part of its ongoing effort to provide education and...more

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

USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

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

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

Seyfarth Shaw LLP

101 Whack-a-Mole – Yet Another Software Patent Falls Victim to Section 101

Seyfarth Shaw LLP on

In 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International.  The Alice decision established new standards for determining whether inventions, especially those related...more

MoFo Tech

USPTO Guidance: Inventions Made With AI Assistance Can Be Patent-Eligible

MoFo Tech on

The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patentability and inventorship for inventions made with the assistance of artificial intelligence (AI), clarifying the Office’s position that such...more

K&L Gates LLP

New USPTO Guidelines on AI-Assisted Inventions Leave Many Questions Unanswered

K&L Gates LLP on

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of...more

Polsinelli

The USPTO's AI Inventorship Guidance

Polsinelli on

The USPTO published its new “Inventorship Guidance for AI-assisted Inventions” on the Federal Register on February 13, 2024. This new guidance was in part a response to the Federal Circuit’s Thaler decision, which ruled that...more

Latham & Watkins LLP

USPTO Releases Guidance on AI and Inventorship

Latham & Watkins LLP on

The agency offers a practical test with examples for determining patentability of AI-assisted inventions that is grounded in feedback from stakeholders. In its continuing effort to respond to President Biden’s AI-related...more

Fish & Richardson

USPTO Says AI-Assisted Inventions Not Categorically Unpatentable in New Guidance

Fish & Richardson on

Is an invention developed with the assistance of artificial intelligence (AI) patentable? On February 13, the United States Patent and Trademark Office (USPTO) issued guidance that helps to answer this question while also...more

Cooley LLP

Patenting AI: What You Should Know

Cooley LLP on

With the recent explosion in popularity of generative artificial intelligence (AI), an increasing number of companies are integrating AI into their products and services. This includes companies designing new AI models,...more

Womble Bond Dickinson

Patent Protection for Entertainment Software Inventions

Womble Bond Dickinson on

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of...more

Morgan Lewis

US Federal Circuit: Artificial Intelligence Machine Is Not an Inventor

Morgan Lewis on

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

Proskauer - The Patent Playbook

Update on Artificial Intelligence as a Patent Inventor

Proskauer - The Patent Playbook on

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

UK Court of Appeal says AI is not an Inventor & is split on allowing applications for AI inventions

Hogan Lovells on

Today, the UK Court of Appeal delivered its judgment in Thaler v Comptroller General of Patents Trade Marks and Designs [2021] EWCA Civ 1374 with Lord Justice Arnold and Lady Justice Laing deciding that the IPO Hearing...more

Hogan Lovells

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

Hogan Lovells on

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

Jones Day

Protecting AI Innovations Through Trade Secrets and Patent Protection

Jones Day on

AI is becoming ubiquitous across all industries. AI systems and services are embedded in everyday products and services, including Amazon's Alexa, Netflix streaming services, and Nest smart thermostats. AI systems are also...more

Kilpatrick

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

Kilpatrick on

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

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Publishes Report on AI-Related Policies

McDonnell Boehnen Hulbert & Berghoff LLP on

Last year, the U.S. Patent and Trademark Office (USPTO) issued a request for comments (RFC) on patenting artificial intelligence (AI) based inventions.  Topics of the RFC included AI's impact on inventorship and ownership,...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

Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology – Part 2: Key Issues in Patent Subject...

Mintz - Intellectual Property Viewpoints on

In our first blog in this multi-part series, we explored key considerations for protecting artificial intelligence (“AI”) inventions in biotech and synthetic biology. In this part 2 of the series, we will examine some key...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

Mintz - Intellectual Property Viewpoints

Emerging Legal Trends AI: Can Israel Join the U.S. and Europe as a Leader in AI Protections?

Mintz - Intellectual Property Viewpoints on

The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. For example, can a machine own an invention? Or be liable for the consequences of its actions? However,...more

Mintz - Intellectual Property Viewpoints

European Patent Office Issues New Guidelines on Artificial Intelligence and Machine Learning

Mintz - Intellectual Property Viewpoints on

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more

Jones Day

Patenting Artificial Intelligence and Machine Learning Innovations in Europe

Jones Day on

The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more

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