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The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on...more
Predictions about the arrival of fault-tolerant quantum computing and commercially viable quantum computing vary widely. Some experts estimate that within the next three to five years, we may see early quantum advantage in...more
The new U.S. administration’s interest in tariffs has put the process of nearshoring front and center. What is nearshoring? That’s when goods are sent into the U.S. tariff-free from a country with a free trade agreement and a...more
In September of last year, and in light of a corresponding Japanese patent infringement suit, I published an article detailing how The Pokémon Company had filed two patent applications at the United States Patent and...more
The PTAB recently denied institution of inter partes review of a patent directed to deep packet inspection in software defined networks in Juniper Networks, Inc. v. Orckit Corporation, IPR2024-00895. Applying the General...more
The Manual of Patent Examining Procedure (“MPEP”) is the examination manual used internally at the United States Patent & Trademark Office (“USPTO”) to guide examiners in the process of examining patent applications. In...more
Microsoft is developing a way to eliminate hallucinations, or false responses, in artificial intelligence (AI) models. It filed U.S. Patent Application No. 18/140,658, entitled “Interacting with a Language Model using...more
Investment in artificial intelligence (AI) is rising fast. The International Data Corporation projects global spending on AI R&D will reach $632 billion by 2028, more than twice the expected total for 2024....more
In Snap, Inc. v. Vidal, the Central District of California found the Trademark Trial and Appeal Board (“TTAB”) was wrong in finding that SnapChat’s SPECTACLES mark is generic for smart glasses. The district court’s opinion...more
Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial...more
Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more
Over the last two years, we have studied the examiner affirmance rates of the Patent Trial and Appeal Board (PTAB) for § 101 rejections. The PTAB is the administrative court of the U.S. Patent and Trademark Office (USPTO)...more
The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO....more
On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more
In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more
On March 18, the USPTO issued a guidance document on how to examine claims that recite functional limitations without necessarily using the term “means” under 35 U.S.C. § 112. The guidance document aims to improve clarity,...more
Blockchain is becoming central to more FinTech patent portfolios than ever – but it’s harder to obtain protection on blockchain than most other technologies. The US Supreme Court’s decision in Alice v. CLS Bank (2014)...more
Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more
The U.S. Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces. ...more
The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. This guidance relates to determining whether a design patent claim including a...more
The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...more
As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology...more
Key takeaway: Despite the Supreme Court’s recent pronouncement of patent-eligible subject matter, cybersecurity innovation will remain an active area for intellectual property protection through the patent application and...more
The U.S. Court of Appeals for the Federal Circuit recently released its decision in Thaler v. Vidal, No. 21-2347 (Fed. Cir.), the much-discussed case that addresses whether artificial intelligence (AI) software can be listed...more
The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural...more