News & Analysis as of

Section 112 Software Patents

Knobbe Martens

Distribution of Software Alone Does Not Infringe a Claim That Requires Hardware

Knobbe Martens on

SYNCHRONOSS TECHNOLOGIES, INC v. DROPBOX, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Northern District of California. Summary: A claim construed to require hardware does not...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Foley & Lardner LLP on

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

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

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

Mintz - Intellectual Property Viewpoints

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

Functional Claiming in Software Patents - Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are...more

Jones Day

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Functional Claiming

Jones Day on

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are driving forces of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

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