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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a...more
The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence. As part of its ongoing effort to provide education and...more
This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a...more
The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments...more
John Harmon is a shareholder in both the Mechanical and Chemical & Materials Technologies Practices at Wolf Greenfield. He represents clients in industry and academia in a wide range of technologies related to the mechanical,...more
The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patentability and inventorship for inventions made with the assistance of artificial intelligence (AI), clarifying the Office’s position that such...more
The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of...more
As global interest in artificial intelligence reaches a fever pitch, the US Patent and Trademark Office (USPTO) has entered the conversation. On February 13, 2024, the USPTO published Inventorship Guidance for AI-Assisted...more
The USPTO published its new “Inventorship Guidance for AI-assisted Inventions” on the Federal Register on February 13, 2024. This new guidance was in part a response to the Federal Circuit’s Thaler decision, which ruled that...more
In response to an October Executive Order from the Biden Administration, the United Stated Patent and Trademark Office (USPTO) has released its “Inventorship Guidance for AI-assisted Inventions” (“Guidance”). The Guidance...more
The agency offers a practical test with examples for determining patentability of AI-assisted inventions that is grounded in feedback from stakeholders. In its continuing effort to respond to President Biden’s AI-related...more
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
Artificial intelligence (AI) is affecting all facets of modern life. Just like your business, the United States Patent & Trademark Office (USPTO) also grapples with the boundaries of intellectual property (IP) protection and...more
The Supreme Court dealt the latest blow in Dr. Stephen Thaler’s continuing quest for recognition of AI inventorship of patents, by denying certiorari in Thaler v. Vidal (No. 22-919). Despite support of Dr. Thaler from...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 February 14, 2023, the U.S. Patent and Trademark Office published a notice in the Federal Register (88 Fed. Reg. 9492) requesting public comments about 1) the current state of Artificial Intelligence (AI) and Emerging...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
Key Points - On August 5, 2022, the Federal Circuit held in Thaler v. Vidal that the term “inventor” under the United States Patent Act must be a human being. This ruling precludes patent protection for inventions...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
The Federal Circuit made headlines when it affirmed the U.S. District Court for the Eastern District of Virginia’s holding that an artificial intelligence (AI) cannot qualify as an “inventor” under the Patent Act – only...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
DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler. It reportedly conceived two separate inventions without any human intervention and...more
Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? ...more