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Will Artificial Intelligence Force Us to be Less Dumb about How We Evaluate Humans?

Years ago, I was a proud parent when my children were invited to participate in an honors math program at their grade school.  But this initial delight turned to confusion, and eventually frustration....more

The AI-Assisted Patent Attorney

When boiled down to a fundamental level, all technologies are double-edged swords.  A spear can be used to hunt game or to wage war.  A hammer can be used to build a shelter or to murder fellow humans.  Social media can be...more

Who Owns Your ChatGPT Output? (Hint: Probably Not You)

ChatGPT is a large language model developed by OpenAI. It is based on the transformer architecture and trained on a massive dataset of text from the Internet. It has the ability to generate human-like text and can be used for...more

ChatGPT: What It Is and What It Can and Cannot Do

The talk of the Internet these days (with spillover into traditional media) is ChatGPT, a large language model that is capable of producing remarkably human-like text.  Trained on millions of human language documents, ChatGPT...more

The Existence of ChatGPT Does Not Justify Attempts to Equate Human and Machine Cognition

In a recent article, we argued that patent law's current subjective and inconsistently-applied mental process doctrine is erroneously based on a false equivalence between human and machine cognition.  Notably, inventions that...more

Senate Passes the Endless Frontier Act

In a rare showing of bipartisanship, the U.S. Senate has passed Senate Bill S.1260, the "Endless Frontier Act."  Co-sponsored by senators Schumer, Young, Hassan, Collins, Coons, Portman, Baldwin, Graham, Peters, Blunt,...more

USPTO Publishes Report on AI-Related Policies

Last year, the U.S. Patent and Trademark Office (USPTO) issued a request for comments (RFC) on patenting artificial intelligence (AI) based inventions.  Topics of the RFC included AI's impact on inventorship and ownership,...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 3

2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review - 2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more

Artificial Intelligence-based Patents: Perspectives for Practitioners and Patent Owners

Innovations involving artificial intelligence (AI) and machine-learning (ML) are being developed at an ever-accelerating pace. For example, as illustrated in Figure 1, the number of patent applications published by the United...more

Hyper Search LLC v. Facebook Inc. (D. Del. 2018)

In October 2017, Hyper Search brought a patent infringement action against Facebook in the District of Delaware, asserting U.S. Patent Nos. 6,085,219, 6,271,840, and 6,792,412. Facebook sought to dismiss the complaint under...more

How to Draft Patent Claims for Machine Learning Inventions

It seems like everyone is talking about artificial intelligence, especially the subset thereof referred to as machine learning. While some of the discussion is cast in terms of politically-stirred angst about human jobs...more

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