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In the fast-paced world of innovation, inventors sometimes realize that their patents do not fully protect their inventions until after the patent issues. If the patent family has an application still pending at the patent...more
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
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
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
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
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
Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from...more
Join Volpe Koenig for a webinar focused on various methods available for correcting patents after they have already issued. This session will explore the key processes and best practices related to correcting patents,...more
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
Artificial Intelligence (AI) in intellectual property is as big – and as fast-changing – a topic as ever. On January 14, 2025, the U.S. Patent and Trademark Office (USPTO) published an Artificial Intelligence Strategy...more
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
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
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
With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more
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
On December 3, 2024, Bristol Myers Squibb announced a collaboration agreement with three-year-old startup AI Proteins. According to its founder, Chris Bahl, PhD, AI Proteins uses “AI, synthetic biology, and laboratory...more
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
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
The United States Patent and Trademark Office (USPTO) has withdrawn its controversial proposal to amend the rules on terminal disclaimers and double patenting. This decision marks a significant triumph for advocates of...more
This post has been updated since its original publication date. On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one...more
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
The patent landscape for artificial intelligence is poised to undergo significant transformation. Originally published in Law360 - August 23, 2024....more
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
This article discusses the July 17, 2024 guidance issued by the United States Patent and Trademark Office (“USPTO”) regarding the subject matter eligibility of patent claims involving artificial intelligence (“AI”). The...more
As AI tools become more prevalent in the life sciences, biotechnology companies need to evaluate AI’s impact on their ability to protect the results of their research. Recent U.S. Patent and Trademark Office (PTO) guidance...more