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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Wolf, Greenfield & Sacks, P.C.

John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property

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

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Benesch on

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Pros And Cons Of Protecting AI As Trade Secrets

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

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

Holland & Knight LLP

The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

Holland & Knight LLP on

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

Neal, Gerber & Eisenberg LLP

White House Issues Executive Order on AI: Charting a Path to Responsible AI Development

On October 30, 2023, recognizing that Artificial Intelligence (AI) holds both extraordinary promise for its commercial applications and advancements and treachery and harm caused by its misuse, the White House issued an...more

Baker Donelson

Generative Artificial Intelligence Asks Questions of Innovation in Patent Law

Baker Donelson on

Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable...more

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

Haug Partners LLP on

Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Requests Public Comments on Artificial Intelligence and Inventorship

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

McManis Faulkner

Can an AI Hire a Lawyer?

McManis Faulkner on

A recently-fired Google engineer claims that the company’s artificial intelligence program has become sentient, and—even worse—has hired a lawyer.  A court may now have to face a question once considered only theoretical: is...more

Eversheds Sutherland (US) LLP

Artificial Intelligence as a patent inventor

​​​​​​​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

Clark Hill PLC

Artificial Intelligence and Inventorship: Federal Court of Appeals Determines That Patent Inventors Must Be Human

Clark Hill PLC on

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

AEON Law

Patent Poetry: Federal Circuit Rules AI Can't Invent

AEON Law on

The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law. (We wrote about this issue way back in 2017, by the way…)... ...more

Miller Nash LLP

CAFC Confirms That Artificial Intelligence Cannot Be an Inventor

Miller Nash LLP on

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

Morgan Lewis

US Federal Circuit: Artificial Intelligence Machine Is Not an Inventor

Morgan Lewis on

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

Foley & Lardner LLP

Artificial Intelligence: Can it be an Inventor or an Author?

Foley & Lardner LLP on

As the innovation paradigm in automotive industry shifted over time, artificial intelligence (“AI”) has deeply penetrated into operation of automotive industry. For example, integration of AI in automotive availed a broad...more

Proskauer - Life Sciences

Update on Artificial Intelligence as a Patent Inventor

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

Cadwalader, Wickersham & Taft LLP

Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

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

Morgan Lewis - Tech & Sourcing

US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI)...more

Winstead PC

Recent Developments in Artificial Intelligence and IP Law: South Africa Grants World’s First Patent for AI-Created Invention

Winstead PC on

On July 28, the Companies and Intellectual Property Commission of South Africa granted the world’s first patent on an invention created by an artificial intelligence (“AI”) inventor. This development marks an important...more

Kilpatrick

The Time is Now: Opportunities to Advise the E.D. Va. or EPO as to Whether to Prohibit, Permit, or Require Listing an AI Algorithm...

Kilpatrick on

Dr. Stephen Thaler created an artificial-intelligence algorithm – named Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) – that includes multiple neural networks (each trained in a given linguistic...more

White & Case LLP

USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial...

White & Case LLP on

White & Case Technology Newsflash - As artificial intelligence (AI) evolves, it becomes imperative to examine whether the current intellectual property (IP) legal frameworks, in the US and abroad, are adequate to address...more

Rothwell, Figg, Ernst & Manbeck, P.C.

USPTO Report on Public Views on Artificial Intelligence and IP – Current Laws are Adequate, but Data is Key Issue

On October 6, 2020, the United States Patent and Trademark office (USPTO) released a report titled “Public Views on Artificial Intelligence and Intellectual property Policy.”  The report follows the USPTO’s August 2019...more

Fenwick & West LLP

Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions

Fenwick & West LLP on

Use of artificial intelligence has grown enormously in recent years. A decade ago, machine learning was a new and exotic technology—at least, for mainstream commercial applications—with few companies patenting ML-based...more

Farella Braun + Martel LLP

Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent...more

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