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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more
As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more
The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more
The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press...more
The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more
The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI)...more
Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more
Artificial intelligence exists on a wide-ranging spectrum. On one end, grammar and spell check can detect and correct grammatical errors and typos in written text. On an opposite end, generative artificial intelligence such...more
In a unanimous ruling, the Supreme Court of the United States (SCOTUS) addressed the enablement requirement under Section 112 of the Patent Act, placing this into sharper focus with the Amgen v. Sanofi case. This landmark...more
The United States Constitution provides the basis for patent laws; it says "Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the...more
Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by...more
BuzzFeed CEO Jonah Peretti recently announced a partnership with OpenAI’s ChatGPT artificial intelligence tool in a move he said would create a “new model for digital media.” Artificial intelligence would become “part of our...more
The prevalence and power of AI technologies are rapidly expanding, both at the captivating cutting-edge of creative AI models like the DALL-E image generator and the ChatGPT chatbot, and in the increasing pervasiveness of...more
On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry...more
Can an artificial intelligence (AI) system be an inventor? Not in the eyes of the Federal Circuit and the United States Patent and Trademark Office (USPTO). ...more
The top U.S. patent court has confirmed what many were expecting in the patent community — that artificial intelligence (AI) is not considered an “individual” according to the Patent Act and thus AI cannot be named as an...more
Inventions such as the wheel, the printing press, light bulb, telescope, microscope, transistor, microchip, and the Internet, are amazing in and of themselves. However, these, and thousands of other inventions have also...more
About a year ago, we reported on a case out of the Eastern District of Virginia. Stephen Thaler had appealed a decision by the USPTO refusing to recognize an AI machine he created as a person. Judge Brinkema of the Eastern...more
The US Court of Appeals for the Federal Circuit affirmed on August 5 that only a natural person—not an artificial intelligence system—can be an inventor....more
On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed. Cir. Aug. 5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. In rejecting a...more
We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform could be patented or protected under trade secret, such as related to biotech and synthetic biology. Equally important...more
The UK Government on 28 June 2022 published its response to its Consultation on Artificial Intelligence (“AI”) and Intellectual Property (“IP”). The Consultation examined three areas of IP where the capability of AI has...more
(Part 2 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions...more
Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more