News & Analysis as of

United States Patent and Trademark Office Technology Sector

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
A&O Shearman

Patent litigation defendants beware: RESTORE Patent Rights Act

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Are injunctions back as a matter of law in all patent cases? The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in...more

ArentFox Schiff

USPTO Issues Updated AI Subject Matter Eligibility Guidance

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) recently issued its 2024 Guidance on Patent Subject Matter Eligibility and July 2024 Subject Matter Eligibility Examples. This latest update builds on the 2019 Guidance by providing...more

McDonnell Boehnen Hulbert & Berghoff LLP

ABA Issues Formal Ethics Opinion on Use of Generative AI Tools

Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorneys' ethical use of...more

McDermott Will & Emery

NO FAKES Act Would Protect Against Use of Digital Replicas

On July 31, 2024, a bipartisan group of US senators introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024 to protect the voice and visual likeness rights of individuals from...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 6, July 2024

Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business....more

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: USPTO Issues Guidance for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations

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

Wilson Sonsini Goodrich & Rosati

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the...more

Latham & Watkins LLP

US AI Standards Take Shape: Key 180-Day Developments Following White House AI Executive Order

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Companies should consider how new AI risk standards may align to their operations and whether to comment on the draft standards to shape their development. On April 29, 2024, the White House announced that several federal...more

Mintz - Intellectual Property Viewpoints

Navigating AI Integration: USPTO's New Guidance for Patent and Trademark Practices

The United States Patent and Trademark Office (USPTO) has issued a pivotal guidance document, effective April 11, on the use of Artificial Intelligence (AI) tools within patent and trademark practices. This guidance signals a...more

McDermott Will & Emery

New Guidance Addresses Use of AI Systems, Tools in Practice Before the PTO

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) issued new guidance on the use of artificial intelligence (AI) tools in practice before the PTO. The new guidance is designed to promote responsible use of AI tools and provide...more

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

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more

Miller Nash LLP

What’s It All About, AI?

Miller Nash LLP on

AI is everywhere. And, no, I do not mean in a “Skynet is coming,” or “Big Brother is here,” kind of way. I mean everywhere you look. Stories abound about the oddities that result from using generative AI. In one story, a car...more

Foley Hoag LLP

PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

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On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive...more

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

Jones Day

Patent Appendix That Was Referenced, But Not Incorporated, Is Not Prior Art

Jones Day on

In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — February 2024

In intellectual property news, the US Patent and Trademark Office recently published a patent application filed by Hyundai Motor Company directed to solid-state battery technology. Many industry experts suggest that...more

Cranfill Sumner LLP

Artificial Intelligence Is Not a “Person” in the United Kingdom

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The United Kingdom Supreme Court has held that AI is not a person. In 2018, Stephen Thaler filed two patent applications with the U.K. Intellectual Property Office (“UKIPO”). The UKIPO rejected the patent applications on the...more

Foley Hoag LLP

Semiconductor Technology Pilot Program Provides Opportunity to Accelerate Patent Examination

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The Chips Act seeks to jump-start semiconductor development in the United States. Last week, the Patent Office has promulgated the Semiconductor Technology Pilot Program (STPP) to further the goals of the Chips Act....more

Lowenstein Sandler LLP

USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications

Lowenstein Sandler LLP on

On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for...more

Womble Bond Dickinson

Recognizing the Primacy of Artificial Intelligence in America: Biden’s Executive Order Sets a High Bar for Regulation and...

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On October 30, 2023, President Biden issued Executive Order 14110: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. It seeks to confirm America’s global leadership in AI and...more

Kilpatrick

The U.S. Executive Order on Artificial Intelligence Is Not Only for Uncle Sam: Key Components of the Executive Order and Potential...

Kilpatrick on

On October 30, 2023, the Biden-Harris Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”) in an effort to advance American leadership and...more

Vedder Price

President Biden Issues Far-Reaching Executive Order on Artificial Intelligence

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President Biden issued an Executive Order on October 30, 2023 designed to place the United States at the forefront of law and regulation of Artificial Intelligence (AI). The Executive Order on the “Safe, Secure, and...more

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