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United States Patent and Trademark Office › Patents › Patent Act

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 -
Fish & Richardson

Should the Experimental Use Exception Be Broadened?

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On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...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

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

AI Inventorship: Navigating Patent Rights Around the Globe

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

Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions...more

Alston & Bird

USPTO Updates Subject-Matter Guidance to Encompass Impact of Artificial Intelligence

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The U.S. Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised...more

Haug Partners LLP

Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

Haug Partners LLP on

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial  intelligence—a term coined after Turing’s death—has become a facet of our everyday lives.  Artificial Intelligence (AI) can be used...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

Polsinelli

The USPTO's AI Inventorship Guidance

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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

Akin Gump Strauss Hauer & Feld LLP

AI-Assisted Inventions May Be Patentable, but Only Humans Can Be Inventors

Akin Gump Strauss Hauer & Feld LLP on

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its...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

Weintraub Tobin

USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

Weintraub Tobin on

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a...more

WilmerHale

USPTO Issues Guidance for AI-assisted Inventions

WilmerHale on

On February 12, 2024, the United States Patent and Trademark Office (USPTO) announced guidance and a request for comments regarding evaluating inventorship for artificial intelligence (AI) assisted inventions (the “AI...more

Holland & Knight LLP

USPTO Issues New Guidance on AI-Assisted Inventorship

Holland & Knight LLP on

The U.S. Patent and Trademark Office (USPTO) issued new guidance on Feb. 12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. The U.S. Court of Appeals for the Federal Circuit...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

Smith Anderson

AI Law and Policy Developments Likely Will Be Seen This Year

Smith Anderson on

One of 2023’s more significant — and potentially disruptive — developments in business and culture was the arrival of a slew of generative artificial intelligence (AI) systems. At the beginning of 2023, ChatGPT quickly...more

Holland & Knight LLP

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

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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

BakerHostetler

Will the Supreme Court Reevaluate the Subject Matter Eligibility of Diagnostic Claims?

BakerHostetler on

Since the Supreme Court’s decisions in Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc., 566 U.S. 66 (2012), and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014), “diagnostic” patent claims have repeatedly...more

AEON Law

Patent Poetry: US Supreme Court Declines to Consider Appeal of AI Inventor Decision

AEON Law on

The US Supreme Court has declined to hear a petition on the issue of whether artificial intelligence (AI) can be considered an inventor on a patent. As we discussed in this blog, in 2019 Stephen Thaler sought patent...more

McCarter & English, LLP

End of Line: Supreme Court Deletes AI Inventorship

McCarter & English, LLP on

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

Jones Day

HE HAD THE POWER – Hirshfeld Decisions Stand

Jones Day on

A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant. Fall Line...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI and Patent Law: Balancing Innovation and Inventorship

Skadden, Arps, Slate, Meagher & Flom LLP on

A new surge in business innovation has arrived as companies take advantage of the unique efficiencies and benefits of artificial intelligence (AI). Recent news headlines about chatbots like ChatGPT and Bard highlight the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Petition for Writ of Certiorari filed in DABUS AI-as-Inventor Case

McDonnell Boehnen Hulbert & Berghoff LLP on

Dr. Stephen Thaler, Ph.D., a computer scientist and inventor, has petitioned the Supreme Court of the United States to consider the question of whether the Patent Act restricts the definition of an "inventor" to human...more

White & Case LLP

UK Supreme Court considers AI inventorship

White & Case LLP on

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

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022)...

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

Steven Thaler filed two patent applications naming “Device for the Autonomous Bootstrapping of Unified Science” (DABUS) as the sole inventor. DABUS is an artificial intelligence software system. The U.S. Patent and Trademark...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Goodwin

Request for Comments on USPTO Initiatives To Promote Generic Drug and Biosimilar Competition

Goodwin on

The U.S. Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. In July 2021, President Biden issued an Executive Order...more

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