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Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

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Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

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

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Linda Liu & Partners

Eligibility of Chinese Patent Applications in the Field of Algorithms (software)

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In recent years, there appear not only many foreign applicants who have been constantly investing in China’s patent assets, but also some big Chinese software companies applying for a large number of invention patents on...more

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Worried About Alice

Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to...more

International Lawyers Network

Software Patents: When is enough enough?

Developing a Disclosure for Software Patents: - Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. ...more

Sheppard Mullin Richter & Hampton LLP

Patent Protection on AI Inventions

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are...more

Smart & Biggar

Fact or fiction? Debunking patent myths for business and technology leaders.

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There are many misconceptions or ‘myths’ about patents that have found their way into popular discourse, ranging from what type of innovations are patentable, to how important it is to own and protect your intellectual...more

Bradley Arant Boult Cummings LLP

Stanford’s Method for Inferring Haplotype Phase is Not Patent Eligible

Stanford University applied for a U.S. patent for statistical methods of predicting haplotype phase. In 2019, the Patent Trial and Appeal Board rejected the application as ineligible subject matter. Last week, a panel of the...more

Goodwin

Five Tips For Life Sciences Companies To Protect Their AI Technologies

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Artificial intelligence (AI) has revolutionized many technology areas. As a few examples, it has already been instrumental in improving and enabling voice recognition algorithms, digital assistants, advertisement...more

Manatt, Phelps & Phillips, LLP

Patent Drafting Error? Claim Language Interpreted as Oft-Dreaded Means-Plus-Function Element

On August 28, the Federal Circuit issued its decision in Egenera, Inc. v. Cisco Systems, Inc., offering a timely reminder of the importance of carefully drafting claim language as well as the technical specification that is...more

Fenwick & West LLP

Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions

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Use of artificial intelligence has grown enormously in recent years. A decade ago, machine learning was a new and exotic technology—at least, for mainstream commercial applications—with few companies patenting ML-based...more

Foley & Lardner LLP

How to Overcome the Two Biggest Challenges of Patenting AI Technologies

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Two interwoven challenges come to mind when considering how to successfully patent AI technologies. The first of these challenges is drafting claims whose infringement is detectable despite the black box nature of AI...more

Brownstein Hyatt Farber Schreck

Federal Circuit Closes Door on Patentability in Chamberlain

In The Chamberlain Group, Inc. v. Techtronic Industries Co., the Federal Circuit weighed in on the type of subject matter that can be characterized as an “abstract idea” and, thus, not eligible for patent protection....more

Holland & Knight LLP

Federal Circuit: Commercial Success is Not Relevant to Alice Analysis

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The Patent Trial and Appeal Board (PTAB) rejected all pending claims of Mr. Greenstein’s patent application, which was directed to adjusting the amount a person saves and choosing investments with the goal of saving enough...more

Holland & Knight LLP

Game Over: Multiplayer Gaming Patent Found to be an Abstract Idea

Holland & Knight LLP on

Judge Maryellen Noreika (D. Delaware) has been very active since receiving her judicial commission less than a year ago, including already issuing a handful of Section 101 opinions. In Sandbox Software v. 18Birdies, she holds...more

Sunstein LLP

January 2019 IP Update - New Guidelines Proposed for Functional Claiming in Computer-Related Inventions

Sunstein LLP on

In a second notice of proposed rulemaking (besides the one for patent eligibility) announced January 4, 2019 and published in the Federal Register on January 7, 2019, the Patent and Trademark Office has proposed guidelines...more

Chambliss, Bahner & Stophel, P.C.

Software Patents Get a Lifeline

Recent USPTO Guidance Offers Insight for Software Patent Eligibility - By now most of you have probably heard that "software patents" and "software patent applications" have had a rough time for the past 4 ½ years. Some of...more

Pillsbury Winthrop Shaw Pittman LLP

Evaluating the Evaluation: Breaking Down New USPTO Guidance for Patent-Eligible Subject Matter

New guidance may lead to fewer patent applications rejected on eligibility grounds - Patentable subject matter eligibility under 35 U.S.C § 101 has been the subject of much attention since the Supreme Court articulated the...more

Proskauer - New England IP Blog

USPTO Announces 2019 Revised Patent Subject Matter Eligibility Guidance

On January 4, 2019, the United States Patent and Trademark Office (“USPTO”) released a significant, much-awaited revision to its patentable subject matter eligibility guidance. The “2019 Revised Patent Subject Matter...more

Knobbe Martens

New 101 Guidance from USPTO – What Does It Change?

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On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on Monday, January 7, 2019....more

Polsinelli

USPTO Issues Updated Guidance Focusing Examiners on Functional Language Used in Software Claims

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The United States Patent Trademark Office (USPTO), issued updated examination guidance (Updated Guidance) for examining software claims defining an invention using functional language on January 7, 2019. ...more

Orrick - Trade Secrets Group

To Patent Or Not To Patent? Preserving Trade Secret Status During Prosecution

Amid a growing body of unsettled law regarding the patentability of software and business methods patents, companies are increasingly choosing to maintain their valuable innovations as trade secrets rather than risk a...more

Mintz - Health Care Viewpoints

Strategies to Unlock AI’s Potential in Health Care, Part 1: Common Pitfalls to Avoid When Getting a Patent

As in any area of technology, it is important to consider patent protection early in the development of an AI-related invention. However, AI and other digital health inventions raise a number of particular issues that, if not...more

Ward and Smith, P.A.

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

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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

Ward and Smith, P.A.

Patent 101: Patent Process FAQs for Inventors

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Patent attorneys and patent agents ("patent practitioners") deal with the best and brightest engineers and scientists on a daily basis. As inventors, these engineers and scientists understand the technology associated with...more

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