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United States Patent and Trademark Office › Innovative Technology › Patent Litigation

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 -
Proskauer - The Patent Playbook

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Goodwin

PTAB’s Reversal Sheds Light on Quantum Computing Patents

Goodwin on

Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more

McDonnell Boehnen Hulbert & Berghoff LLP

One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

McDonnell Boehnen Hulbert & Berghoff LLP on

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more

Fenwick & West LLP

Some AI-Discovered Drugs Carry More IP Risks Than Others - Here's Why

Fenwick & West LLP on

AI is poised to revolutionize drug discovery, but uncertainty in developing protectable IP in this emerging field creates a host of potential risks for companies innovating in this space. Further complicating things: not all...more

Amundsen Davis LLC

Protect Your Company’s Inventions With an Innovation Capture Program

Amundsen Davis LLC on

If you are concerned your company’s innovations are not being identified and evaluated for possible patent protection, resolve to implement or improve an invention capture process early in 2025. By efficiently identifying...more

Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

Jones Day on

The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

Ballard Spahr LLP

New USPTO Guidance Hones AI-Related Patent Eligibility Criteria

Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a...more

Foley & Lardner LLP

How to Patent AI-Assisted Inventions: USPTO Guidance Highlights Importance of Understanding the ‘Significant Contributions’...

Foley & Lardner LLP on

The rapid rise of artificial intelligence (AI) has opened up exciting possibilities for innovation, but also uncertainty around who gets credit for inventions developed with the assistance of an AI system. At its core, there...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence Patents & Emerging Regulatory Laws

Williams Mullen on

In this episode of Trending Now - An IP Podcast, Tom Bergert and Clint Brannon discuss considerations for AI patent applicants and investors in light of emerging AI state and federal regulatory laws....more

Wilson Sonsini Goodrich & Rosati

Opportunity for Innovative Companies to Shape U.S. Patent and Trademark Office Initiatives

Wilson Sonsini Goodrich & Rosati on

The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Developments Help Clarify Intersection of Patent Law and Artificial Intelligence

Skadden, Arps, Slate, Meagher & Flom LLP on

Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be...more

Weintraub Tobin

The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions

Weintraub Tobin on

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin....more

Fish & Richardson

USPTO Says AI-Assisted Inventions Not Categorically Unpatentable in New Guidance

Fish & Richardson on

Is an invention developed with the assistance of artificial intelligence (AI) patentable? On February 13, the United States Patent and Trademark Office (USPTO) issued guidance that helps to answer this question while also...more

Seyfarth Shaw LLP

USPTO Guidelines Define the Role of AI in Patent Inventorship

Seyfarth Shaw LLP on

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are...more

Wilson Sonsini Goodrich & Rosati

Bipartisan Legislation Seeks to Clarify Which Inventions Are Patent Eligible

Wilson Sonsini Goodrich & Rosati on

The U.S. patent system is based upon a quid pro quo balance that incentivizes innovation via a time-limited patent exclusivity, while encouraging the dissemination of new ideas for public benefit and use upon expiration of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries

Sheppard Mullin Richter & Hampton LLP on

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis Proposes Patent Eligibility Reform (Again)

McDonnell Boehnen Hulbert & Berghoff LLP on

Republican Senator Thom Tillis of North Carolina has released a new proposal to reform the text of 35 U.S.C. § 101.  The Senator's last effort in doing so died on the vine in 2019, purportedly due to stakeholders being too...more

Proskauer - The Patent Playbook

Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”

Proskauer - The Patent Playbook on

In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s...more

Proskauer - The Patent Playbook

Update on Artificial Intelligence as a Patent Inventor

Proskauer - The Patent Playbook on

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

Proskauer - The Patent Playbook

Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor”

Proskauer - The Patent Playbook on

Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot...more

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