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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 -
Quarles & Brady LLP

New Federal Circuit Decision - Expect Getting AI/Machine Learning Patents Past 101 to Get Tougher

Quarles & Brady LLP on

The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

ArentFox Schiff

Global Perspective on Patenting of Blockchain, Crypto, and DeFi Technologies

ArentFox Schiff on

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early...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

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular IP Posts of 2020

Mintz - Intellectual Property Viewpoints on

As 2021 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2020. According to many readers, hot topics included Chinese...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

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

Kramer Levin Naftalis & Frankel LLP on

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...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

Fish & Richardson

As Blockchain Goes Mainstream, Patent Applicants Face Familiar Hurdles

Fish & Richardson on

Over the past several years, blockchain and the technologies based on it – most notably cryptocurrencies like Bitcoin and Ethereum – have dominated much of the discourse in the banking and financial services industries. ...more

Polsinelli

New Patent Office Guidance and Blockchain-based Patents

Polsinelli on

Recently, the Patent Office announced two new Guidance documents which although not targeted specifically to blockchain technology provide insight into strategies for the drafting and prosecuting of blockchain-based patents....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

Hogan Lovells

EU Patent Office publishes preview of guidelines on patenting AI applications

Hogan Lovells on

Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”)....more

Ward and Smith, P.A.

The Blockchain Revolution: Time to Ramp Up Your Software Patenting Effort?

Ward and Smith, P.A. on

As you read this article, hundreds of startups and other organizations are working on blockchain applications in such areas as energy trading, data storage trading, peer-to-peer lending, and verifying professional or other...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

Fenwick & West LLP on

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Foley Hoag LLP - Trademark, Copyright &...

Patent Strategies For Start-Up Companies

Foley Hoag LLP - Trademark, Copyright &... on

Patents can be vitally important for protecting the innovations of a start-up company, just as it is important for start-ups to be mindful of trademark, copyright, and domain name strategies (see our other guides for...more

Fenwick & West LLP

Update on Section 101 Rejections at the USPTO

Fenwick & West LLP on

In my June post, The One Year Anniversary: The Aftermath of #AliceStorm, I surveyed the frequency of Section 101 rejections at the USPTO. My analysis was based on approximately 300,000 office action and notices of allowance...more

Robins Kaplan LLP

Drafting Software Patents In A Post-Alice World

Robins Kaplan LLP on

It has been a challenging year for software patent owners following the Supreme Court’s decision in Alice Corp. v. CLS Bank International. Since that ruling was handed down, a large number of software patents have been...more

Foley & Lardner LLP

Federal Circuit Frames Test for Patent-Eligibility

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Personalized medicine relies on diagnostics to analyze a patient for individualized therapy and for monitoring a patient’s health status. Some diagnostic tests use natural products, for example gene sequences, either as the...more

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