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Patent Litigation United States Patent and Trademark Office Inventions

Jones Day

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

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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

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

Ballard Spahr LLP

New USPTO Guidance Hones AI-Related Patent Eligibility Criteria

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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’...

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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

Jones Day

USPTO Issues Patent Eligible Subject Matter Guidance for AI Inventions

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The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. economic and technological advancements are especially acute in the fast advancing AI space. Stakeholders...more

McDonnell Boehnen Hulbert & Berghoff LLP

An Empirical Study of Low Allowance Rate Examiners

Any patent attorney who has been in the business for more than a few years understands from experience that some USPTO examiners are tougher than others.  This should not be surprising, as each examiner is an individual who...more

Wilson Sonsini Goodrich & Rosati

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

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

Bradley Arant Boult Cummings LLP

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more

Erise IP

Eye on IPRs, April 2024: PTAB’s Analogous Art Finding Upheld by Federal Circuit, Blockchain Gemstone Identifying Process Patent...

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Affirms PTAB’s Analogous Art Finding - As IP Watchdog...more

Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

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Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

McDermott Will & Emery

PTO to Patent Examiners: Make Interpretation of Means-Plus-Function Claims Clear in the Record

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On March 18, 2024, the US Patent & Trademark Office (PTO) issued a memorandum to patent examiners addressing means-plus-function and step-plus-function claim limitations and how to clearly articulate, in the prosecution...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Developments Help Clarify Intersection of Patent Law and Artificial Intelligence

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

American Conference Institute (ACI)

[Event] 22nd Advanced Summit on Life Sciences - May 29th - 30th, New York, NY

Hosted by American Conference Institute, the 22nd Advanced Summit on Life Sciences Patents returns for another exciting year with curated programming that will provide practical insights on how to maximize your patent term...more

Weintraub Tobin

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

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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

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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

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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

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

Jones Day

Patent Owner Unable to Change Inventorship During Remand

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At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date...more

Seyfarth Shaw LLP

Cloaked in Secrecy: Can Secrecy Orders Shield Alien Innovations?

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In a recent post, we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider...more

AEON Law

Patent Poetry; Federal Circuit Sinks Floating Grill Patent Claims

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The Federal Circuit has issued a precedential opinion holding that reissue claims relating to a floating grill patent were not directed to the original invention and thus were properly rejected by the US Patent and Trademark...more

Bradley Arant Boult Cummings LLP

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal Circuit

Last week, the Federal Circuit issued another precedential decision on inventorship. However, unlike in HIP, Inc. v. Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to...more

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

PTAB Strategies and Insights Newsletter - May 2023

The PTAB Strategies and Insights newsletter provides quarterly updates and insights into how best to handle PTAB trial proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at...more

Dunlap Bennett & Ludwig PLLC

The Debate: DIY Patent Filing Versus Hiring A Patent Lawyer

As with most things in life, you get what you pay for. While do-it-yourself options or low-cost alternatives to legal counsel seem like a good deal, it is usually penny-wise and proud foolish. Of course, as the inventor you...more

White & Case LLP

UK Supreme Court considers AI inventorship

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On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

McDermott Will & Emery

PTO Seeks Comments on Role of Artificial Intelligence in Inventorship

The US Patent & Trademark Office (PTO) published a Request for Comments Regarding Artificial Intelligence and Inventorship seeking input from stakeholders on inventorship issues that may arise as artificial intelligence (AI)...more

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