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United States Patent and Trademark Office › Inventions › New Guidance

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Baker Botts L.L.P.

The Importance of Prong Two of Step 2A for AI inventions

Baker Botts L.L.P. on

Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more

Eversheds Sutherland (US) LLP

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

Eversheds Sutherland (US) LLP on

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

Jones Day

USPTO Issues Patent Eligible Subject Matter Guidance for AI Inventions

Jones Day on

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

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

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

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

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

Foley Hoag LLP on

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

Fox Rothschild LLP

New USPTO Guidance Describes Patent Eligibility for Inventions That Use AI

Fox Rothschild LLP on

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues AI Subject Matter Eligibility Guidance

Sheppard Mullin Richter & Hampton LLP on

The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more

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

Navigating Inventorship of AI-Assisted Inventions: USPTO's Guidance and Implications

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

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

McDermott Will & Emery

PTO Reopens Comment Period for AI Inventorship Guidance

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted...more

Fenwick & West LLP

Understanding the USPTO Guidance on Inventorship and AI Tools

Fenwick & West LLP on

The recent guidance from the United States Patent and Trademark Office on evaluating inventorship involving AI tools has sparked discussions on treating AI differently from other advanced tools. The guidance lacks clear...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: USPTO Issues Guidance for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations

Fitch, Even, Tabin & Flannery LLP on

On March 18, the USPTO issued a guidance document on how to examine claims that recite functional limitations without necessarily using the term “means” under 35 U.S.C. § 112. The guidance document aims to improve clarity,...more

Woods Rogers

Industry Reacts to USPTO Guidance on Using AI to Innovate

Woods Rogers on

Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more

Mintz - Antitrust Viewpoints

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Mintz - Antitrust Viewpoints on

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more

Foley & Lardner LLP

USPTO Issues Updated Guidance on Obviousness

Foley & Lardner LLP on

For the first time in nearly 15 years, the U.S. Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. Supreme Court’s ruling in KSR Int’l Co. v....more

McDermott Will & Emery

New Guidance Addresses Use of AI Systems, Tools in Practice Before the PTO

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) issued new guidance on the use of artificial intelligence (AI) tools in practice before the PTO. The new guidance is designed to promote responsible use of AI tools and provide...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Guidance on Use of AI-Based Tools

McDonnell Boehnen Hulbert & Berghoff LLP on

The USPTO has issued several recent Federal Register Notices this calendar year. The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89...more

Sunstein LLP

AI in the Patent Landscape: USPTO Directive Explores Inventorship Dynamics

Sunstein LLP on

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February...more

Procopio, Cory, Hargreaves & Savitch LLP

How Digital Health Companies are Impacted by the USPTO’s New Obviousness Guidance

Procopio, Cory, Hargreaves & Savitch LLP on

Digital health companies and other software-dependent innovators may find it harder to obtain patent protection in the wake of new patent examiner guidance issued by the U.S. Patent and Trademark Office (USPTO). The guidance,...more

Goodwin

USPTO’s New Guidance on AI-Assisted Inventions: The Impact on the Use of AI in the Life Sciences

Goodwin on

On February 12, 2024, the US Patent Office and Trademark Office (USPTO) released the Inventorship Guidance for AI-assisted Inventions (the Guidance). ...more

Foley & Lardner LLP

Takeaways From USPTO's AI-Assisted Invention Guidance

Foley & Lardner LLP on

Pursuant to efforts by the federal government to develop artificial intelligence in a safe, secure and trustworthy manner, the U.S. Patent and Trademark Office issued inventorship guidance for inventions developed with...more

Mintz - Intellectual Property Viewpoints

How Can the Updated USPTO Guidance on Determining Obviousness Help You?

Mintz - Intellectual Property Viewpoints on

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is...more

Lowenstein Sandler LLP

USPTO Issues Inventorship Guidance for AI-Assisted Inventions - AI-Assisted Inventions are Not Categorically Unpatentable

Lowenstein Sandler LLP on

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). The guidance addresses...more

Stinson LLP

USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

Stinson LLP on

The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more

BakerHostetler

USPTO Delivers Inventorship Guidance on AI-Assisted Inventions

BakerHostetler on

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year, the U.S. Patent and Trademark Office (USPTO) released its much...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

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