News & Analysis as of

Artificial Intelligence Prior Art

Baker Botts L.L.P.

Intellectual Property Report November 2024

Baker Botts L.L.P. on

It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal...more

Procopio, Cory, Hargreaves & Savitch LLP

Overcoming Obstacles to Securing Patents for AI-Related Inventions

Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more

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

Does the United States Patent Office Protect Unpublished Applications When Searching the Internet and Artificial Intelligence...

Short answer: Yes, but… Short answer: Yes, but… Many practitioners in sensitive technology areas file patent applications with non-publication requests or may abandon their applications if examination is not going well...more

Ballard Spahr LLP

Life Sciences Industry Update: 2024 Mid-Year Report

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ARTIFICIAL INTELLIGENCE IN LIFE SCIENCES - Life sciences companies are forming AI-driven strategic collaborations with tech giants, creating synergy that promises to revolutionize the industry. Companies like NVIDIA,...more

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

Key Considerations When Using AI Tools to Draft and File Documents with the USPTO

The use of Artificial Intelligence (AI) tools in practice before the United States Patent and Trademark Office (USPTO) is changing how practitioners prepare and submit documents. The USPTO’s recent Guidance on Use of...more

WilmerHale

Feeding and Generating AI Creates Patent Application Challenges

WilmerHale on

The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application. Two of the most...more

Ward and Smith, P.A.

Artificial Intelligence and the Patent Application Process: A Synopsis of the Potential Benefits and Risks

Ward and Smith, P.A. on

The use of artificial intelligence ("AI") tools in the patent application process gives rise to a vast array of risks and opportunities for intellectual property ("IP") practitioners and society at large. IP practitioners...more

Haug Partners LLP

Ordinary (Artificial) Intelligence in the Art

Haug Partners LLP on

Given their potential to revolutionize many aspects of legal practice and intellectual property, artificial intelligence (“AI”) tools have become a mainstay in the legal space. While AI has its benefits, it also carries...more

Goodwin

Eight on AI: Quick Considerations on Patenting Drug Discovery Therapeutics using Artificial Intelligence (AI) and Life...

Goodwin on

Many life science companies are using AI/ML to identify new disease targets and new therapeutics, predict the efficacy and toxicity of potential clinical therapeutic candidates, design clinical trials and dosing or treatment...more

BakerHostetler

USPTO Requests Public Comments on Patentability in View of AI Advancements

BakerHostetler on

The USPTO published a request for comments (RFC) on April 30th, focusing on how advancements in artificial intelligence (AI) may impact the USPTO’s assessment of patentability governing (i) what may qualify as prior art and...more

AEON Law

Patent Poetry: Patent Office Requests Public Comment on AI Prior Art

AEON Law on

The US Patent and Trademark Office (USPTO) has published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable...more

WilmerHale

PTAB/USPTO Update - May 2024

WilmerHale on

On April 30, the USPTO announced a Request for Comments (RFC) seeking public feedback on how AI could affect USPTO evaluations on patentability, including what qualifies as prior art and the assessment of the level of...more

WilmerHale

USPTO Requests Comments Regarding AI's Impact

WilmerHale on

On April 30, 2024, the United States Patent and Trademark Office (USPTO) published a Request for Comments (RFC) seeking stakeholder input on fifteen questions regarding artificial intelligence (AI) and its impact on (1) prior...more

Jones Day

USPTO Announces Request for Comments: AI's Impact on Prior Art and the PHOSITA

Jones Day on

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures....more

Axinn, Veltrop & Harkrider LLP

AI Can’t Be an Inventor, But How About a POSA?

On April 30, 2024, the U.S. Patent and Trademark Office (PTO) issued a Request for Comment on how AI technology could affect the PTO’s evaluation of patentability, particularly with respect to qualifying prior art and the...more

IPRally

Why We Need to Leverage AI for Patent Information in 2024 – the Macro Perspective

IPRally on

Amidst economic constraints, industry convergence, and the need for improved patent quality, patent workflows demand a paradigm shift to meet the evolving landscape. The current macro environment combined with the increasing...more

McCarter & English, LLP

The Rise of AI: Inventorship Challenges and Opportunities for Natural Persons

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Guidance about Inventorship of AI-assisted Inventions

On February 12, 2024, the U.S. Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI).  The guidance, signed by Kathi Vidal,...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO issues new guidance on AI’s role in inventorship of patents

On February 12, 2024, the United States Patent and Trademark Office (USPTO) issued guidance clarifying the role of artificial intelligence (AI) in the inventorship of patents. The document exhibits a nuanced approach to the...more

Dechert LLP

Embracing the AI Revolution: Navigating Intellectual Property Challenges and Opportunities

Dechert LLP on

Artificial Intelligence (AI) has become one of the most transformative technologies of the 21st Century. It is revolutionizing the way we create and protect intellectual property (IP), presenting both challenges and...more

Dunlap Bennett & Ludwig PLLC

The Case For Allowing AI-Assisted Inventions

Patentability of AI-assisted Inventions- DBL’s Managing Partner Tom Dunlap recently wrote an interesting article about the current state of artificial intelligence (AI) inventorship. Mr. Dunlap detailed the patenting efforts...more

WilmerHale

AI Can Almost Generate Evidence Of Patent Obviousness

WilmerHale on

For a patent to be valid, the critical question often is whether its invention was obvious, namely whether the differences between the invention and what existed before, i.e., the prior art, would have been obvious to a...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Mintz - Intellectual Property Viewpoints

Artificial Intelligence (AI) Takes a Role in USPTO Patent Searches

In 2021 the U.S. Patent and Trademark Office (USPTO) developed an Artificial Intelligence (AI) based prototype search system for use by examiners during examination of patent applications. As previously discussed by Mintz,...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2022

Fenwick & West LLP on

In This Issue - Artificial Intelligence: Deepfakes in the Entertainment Industry — Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more

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