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Patents Inventors Inventions

Womble Bond Dickinson

USPTO's AI Patent Eligibility Guidance, Vincent Look

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In 2024, the USPTO published guidance on whether an AI-based invention is patent eligible. The guidance includes three hypothetical inventions, including one relating to using an artificial neural network for data anomaly...more

Jones Day

Innovative Insights: Legal Updates in Life Sciences | First Quarter 2025

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Artificial intelligence is revolutionizing life science R&D (particularly in the realm of drug discovery) and challenging the traditional "human inventorship" requirement for U.S. patents. Recent guidance from the USPTO...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

Seyfarth Shaw LLP

Innovation Madness: The Ultimate Basketball Patent Bracket. 14 inventions. 1 champion. Who will cut down the net?

Seyfarth Shaw LLP on

The journey from Dr. James Naismith’s invention of basketball in 1891 to today’s fast-paced, high-flying game is a story of constant innovation—one that perfectly showcases the importance of intellectual property....more

Ward and Smith, P.A.

First-to-File: A Game-Changer in US Patent Law

Ward and Smith, P.A. on

The United States patent system underwent a significant change with the enactment of the First-Inventor-to-File (FITF) provision of the America Invents Act, which became effective on March 16, 2013. The FITF provision...more

Vorys, Sater, Seymour and Pease LLP

The Precendent: U.S. Court of Appeals for the Federal Circuit Reaffirms Standard of Proof for Correcting Inventorship in BearBox...

In this edition of The Precedent, we outline the recent federal circuit decision in BearBox LLC v. Lancium LLC. The United States Court of Appeals for the Federal Circuit recently affirmed that parties seeking correction of...more

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

AI IP Year in Review - AI Inventorship: Navigating Patent Rights Around the Globe

The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2025 #3

Bearbox LLC v. Lancium LLC, Appeal No. 2023-1922 (Fed. Cir. Jan. 13, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s determination that appellants Bearbox and Austin Storms—Bearbox’s...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

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

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

IP Hot Topic: USPTO Publishes FAQs on Inventorship Guidance for AI-Assisted Inventions

Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance...more

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

AI IP Year in Review - Patent Law and Generative AI 101

While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...more

McDermott Will & Emery

Bit Swap: Motivation to Modify Prior Art Needn’t Be Inventor’s Motivation

McDermott Will & Emery on

Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision, finding that the challenged patent claims were obvious because a person of ordinary skill...more

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

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Fenwick & West LLP

What is the IP Risk Profile in AI Drug Discovery?

Fenwick & West LLP on

The scientific benefits and legal risks of AI-driven drug discovery are consequential. But recent IP law decisions allude to a general concept that IP rights will not be awarded if AI completely or significantly replaces...more

Jones Day

PREVAIL Act Passes Committee

Jones Day on

The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21, 2024. In...more

McGuireWoods LLP

MIT Study Aligns With USPTO’s Inventorship Guidance for AI-Assisted Inventions in Material Science Industry

McGuireWoods LLP on

A working paper published on Nov. 6, 2024, by Massachusetts Institute of Technology PhD candidate Aidan Toner-Rogers suggests that the patent system may soon see a marked increase in patent application filings due to...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and...more

Troutman Pepper Locke

Leveraging Policy Changes to Achieve AI Patent Eligibility

Troutman Pepper Locke on

The patent landscape for artificial intelligence is poised to undergo significant transformation. Originally published in Law360 - August 23, 2024....more

McDermott Will & Emery

Senate Judiciary Subcommittee Holds Back Two Key Patent Reform Bills

McDermott Will & Emery on

On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one of three significant bills it considered this year to reform the...more

A&O Shearman

District Court Reinforces High Bar For Applying Patent Prosecution Bar

A&O Shearman on

In Champion Power Equipment Inc. v. Firman Power Equipment Inc., No. CV-23-02371-PHX-DWL (D. Ariz. Oct. 18, 2024), defendant filed a motion for a protective order seeking two forms of relief: 1. a patent prosecution bar...more

Orrick, Herrington & Sutcliffe LLP

Innovating with AI: Ensuring You Own Your Inventions

When you're thinking about using AI to develop your company's technology, there are two primary areas that I like to think about. First is ownership. Currently, under U.S. law, the outputs of artificial intelligence are not...more

Seyfarth Shaw LLP

Gourd-Geous Designs – The Halloween Patent That Makes Carving a Breeze!

Seyfarth Shaw LLP on

Halloween is a time for goblins, ghouls, and—if you’re an inventor—a whole lot of creative thinking! Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating...more

Kilpatrick

Bring Back the Models – Shut Down the Patent Trolls

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Imagine your company is suddenly inundated with dozens of baseless patent infringement lawsuits. This scenario is becoming all too common as corporate America grapples with a post-COVID surge in frivolous patent claims,...more

Cooley LLP

Inventorship in the Age of AI

Cooley LLP on

Generative artificial intelligence (AI) has become an essential tool in the drug discovery process. Trained with input regarding target engagement and desired pharmacological properties, or prompted to identify compounds that...more

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