News & Analysis as of

United States Patent and Trademark Office Technology Sector Intellectual Property Protection

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 -
Keating Muething & Klekamp PLL

Intellectual Property Law in the Age of Generative AI

The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more

A&O Shearman

Patent litigation defendants beware: RESTORE Patent Rights Act

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Are injunctions back as a matter of law in all patent cases? The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in...more

McDermott Will & Emery

NO FAKES Act Would Protect Against Use of Digital Replicas

On July 31, 2024, a bipartisan group of US senators introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024 to protect the voice and visual likeness rights of individuals from...more

Fitch, Even, Tabin & Flannery LLP

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

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

McDermott Will & Emery

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

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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

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

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

Jones Day

Patent Appendix That Was Referenced, But Not Incorporated, Is Not Prior Art

Jones Day on

In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — February 2024

In intellectual property news, the US Patent and Trademark Office recently published a patent application filed by Hyundai Motor Company directed to solid-state battery technology. Many industry experts suggest that...more

Cranfill Sumner LLP

Artificial Intelligence Is Not a “Person” in the United Kingdom

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The United Kingdom Supreme Court has held that AI is not a person. In 2018, Stephen Thaler filed two patent applications with the U.K. Intellectual Property Office (“UKIPO”). The UKIPO rejected the patent applications on the...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

JAMS on

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Mintz - Intellectual Property Viewpoints

Intellectual Property for the Metaverse

How do you use the patent system to protect inventions related to the metaverse? What is the Metaverse? Merriam Webster defines the metaverse as “a persistent virtual environment that allows access to and interoperability of...more

Faegre Drinker Biddle & Reath LLP

Copyrightability of AI-Generated Works

In recent months, we have been saturated with media coverage involving artificial intelligence (“AI”).  Almost daily there are articles about AI platforms including DALL-E, Midjourney, Stable Diffusion and ChatGPT,...more

Mintz - Intellectual Property Viewpoints

Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start Ups

Starting a high-tech company is a difficult, exhausting, and thrilling endeavor – one in which founders will face seemingly endless challenges, deadlines, and make or break decisions. From a venture’s inception, founders face...more

Dorsey & Whitney LLP

The end of IP in Russia? Urgent, Extended Edition

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US and EU Sanctions - IP Engagement Suspended with Russia, Belarus, and Eurasian IP Offices - Four days after the invasion of Ukraine on February 24, 2022, the United States Treasury Department issued Directive 4 under...more

AEON Law

Patent Poetry: Intellectual Property in Wartime

AEON Law on

As we wrote in this recent blog, whistleblowers from the World Intellectual Property Organization (WIPO) have called for the closure of WIPO’s Russia office in the wake of Russia’s invasion of Ukraine. They’re concerned...more

Sheppard Mullin Richter & Hampton LLP

Patent Protection on AI Inventions

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are...more

Goodwin

Five Tips For Life Sciences Companies To Protect Their AI Technologies

Goodwin on

Artificial intelligence (AI) has revolutionized many technology areas. As a few examples, it has already been instrumental in improving and enabling voice recognition algorithms, digital assistants, advertisement...more

Foley & Lardner LLP

How to Overcome the Two Biggest Challenges of Patenting AI Technologies

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Two interwoven challenges come to mind when considering how to successfully patent AI technologies. The first of these challenges is drafting claims whose infringement is detectable despite the black box nature of AI...more

Vedder Price

The U.S. Patent and Trademark Office Takes on Artificial Intelligence

Vedder Price on

If the hallmark of intelligence is problem solving, then it should be no surprise that artificial intelligence is being called on to solve complex problems that human intelligence alone cannot. Intellectual property laws...more

Mintz - Intellectual Property Viewpoints

Recap of Federal Register Notice on Artificial Intelligence (AI) Patent Issues

Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of technologies and businesses. As AI grows in importance in business and technology, so too grows the number of patent applications...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2019

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Avoiding the Top 5 Potholes for Autonomous Transportation Startups - Autonomous transportation technology was widespread at the 2019 Consumer Electronics Show. Advances in object identification, mapping, machine learning,...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2018

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In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

Sheppard Mullin Richter & Hampton LLP

Drafting Effective Blockchain Patents

As the number of blockchain-based patents and patent applications increases, more companies have become interested in pursuing these patents. Other companies still think that blockchain-based inventions are not patentable....more

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