News & Analysis as of

Technology Patent-Eligible Subject Matter Intellectual Property Protection

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

A&O Shearman on

There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

Eversheds Sutherland (US) LLP

The reality of patent claims using artificial intelligence: USPTO publishes AI guidance

The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO...more

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

IP Hot Topic: Update on USPTO Guidance for AI Subject Matter Eligibility

On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is...more

Foley Hoag LLP

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence Inventions

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On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence...more

AEON Law

Patent Poetry: Federal Circuit Finds No Motive to Combine in Laser Projector Patent Case

AEON Law on

The Federal Circuit has reversed a finding by the Patent Trial and Appeal Board (PTAB or Board) that certain challenged claims of a patent for a method for aligning a laser projector with respect to a work surface are...more

McDermott Will & Emery

Virtually Done: Computer Visualization Patents Are Ineligible for Protection

McDermott Will & Emery on

Addressing subject matter eligibility under 35 U.S.C. § 101, the US Court of Appeals for the Federal Circuit upheld the district court’s finding that patents related to computer visualizations of medical scans were patent...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

Smart & Biggar on

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

White & Case LLP

USPTO provides guidance on the patentability of AI-assisted inventions

White & Case LLP on

On February 13, 2024, the US Patent and Trademark Office (USPTO) issued examination guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI) (the "Guidance"). The Guidance is...more

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

Mind Your Ps and Qs, and Your PTAs Too

Last week, the Federal Circuit held that obviousness-type double patenting trumps patent term adjustment, opening the door for invalidity attacks that to date had been questionable. In re Cellect was an appeal from a...more

McCarter & English, LLP

Senators Kick off Bipartisan Patent Reform Effort

In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2021 #3

John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) - Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more

Holland & Knight LLP

Court: Improved User Experience Doesn't Improve Computer Functionality Under Alice

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In 2019, the U.S. District Court for the District of Utah dismissed Simio's lawsuit against FlexSim Software, finding that the asserted patent was ineligible under Section 101. Simio responded by asking the court to vacate...more

Mintz - Intellectual Property Viewpoints

European Patent Office Issues New Guidelines on Artificial Intelligence and Machine Learning

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more

Jones Day

Patenting Artificial Intelligence and Machine Learning Innovations in Europe

Jones Day on

The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more

Hogan Lovells

EU Patent Office publishes preview of guidelines on patenting AI applications

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Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”)....more

Fenwick & West LLP

Heads Up: The Federal Circuit Sees Patent Eligibility in Knowing Which Way to Look

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The most significant Federal Circuit decision in March was Thales Visionix, Inc. v. United States, another case finding eligible subject matter. What distinguishes this case—and demonstrates the inherently subjective...more

Hogan Lovells

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

Hogan Lovells on

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

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