There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the news we are following. We have also been digging into President Biden’s executive order on AI. Read...more
We are at the beginning of what promises to be a wave (potentially a tsunami) of complaints filed against the companies behind generative AI models (e.g., OpenAI). Recent lawsuits from Paul Tremblay and Mona Awad (Tremblay...more
As a follow up to last week's article about the Biden executive order on artificial intelligence (AI), this is a brief overview of one of its provisions that has proven to be controversial -- namely, the additional scrutiny...more
On October 30, President Biden signed a sprawling executive order governing the development, testing, and use of artificial intelligence (AI). Formally titled, "Executive Order on the Safe, Secure, and Trustworthy...more
11/1/2023
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The impact of generative artificial intelligence (AI) is unsurprisingly significant in the field of education, with some teachers and professors responding by instituting oral examinations, handwritten essays, or requiring...more
8/14/2023
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The storied case of American Axle v. Neapco Holdings has entered a new chapter -- not the final chapter but the plot has thickened considerably. As a recap, Judge Stark, then of the District Court for the District of...more
It is hard to overstate the impact that large language models (LLMs) with chat-based interfaces, including ChatGPT and Bard, have had since their respective launches. These models are changing the high tech, education,...more
Establishing a prima facie case of obviousness based on a multiple prior art references generally requires that the references teach or suggest all claim elements and that one of ordinary skill in the art would be motivated...more
They may have known that it was coming. Over the last several weeks, lobbying organizations and high-tech blogs have been slowly introducing the same old false, misleading, and deceptive arguments against patent law. These...more
Patent eligibility is broken.
The only semi-cogent arguments that I have ever heard in support of the status quo is that the U.S. Patent and Trademark Office issues too many broad, vague patents, and that 35 U.S.C. § 101...more
After using a large language model, such as ChatGPT, for a while, it is not hard to image an array of nightmarish scenarios that these generative artificial intelligence (AI) programs could bring about. While ChatGPT and its...more
The patent statute requires that, to be patentable, the subject matter of an invention must be at least one of a process, machine, article of manufacture, or composition of matter. It is hard to find examples of things that...more
On April 18, 2023, we submitted a Supreme Court amicus brief expressing our encouragement for the justices to rule on the question of whether it is proper for an artificial intelligence (AI) to be an inventor on a patent...more
On March 16, the Copyright Office published guidance in the Federal Register relating to works produced at least in part by generative artificial intelligence (AI). This is the latest in a series of policy decisions and...more
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 U.S. Patent and Trademark Office (USPTO) organizes its examining corps into technical centers (TCs). Each TC is dedicated to one or more general technical fields. In some cases, one TC may include two or more unrelated...more
We are all familiar with the rhetorical device of a parade of horribles -- a series of very bad things that could happen if some action is (or isn't) taken. Often, these parades involve a degree of hyperbole. In other...more
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
The interpretation of 35 U.S.C. 101 has been in flux for over a decade. Please join MBHB Partner Michael Borella, Ph.D., as he discusses its latest iteration, how patent eligibility is currently viewed by the USPTO and...more
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
There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1] This has resulted in the general understanding that there are "easy" examiners and "tough"...more
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
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
In Liu Cixin's novel The Three Body Problem, the characters create a "computer" from human labor. Millions of people serve as "bits" and hold up flags to indicate whether they represent 0s or 1s. These individuals are given...more
On December 29, 2022, to the relief of many practitioners and applicants, the U.S. Patent and Trademark Office delayed the effective date of its controversial incentivized transition to DOCX format for patent application...more