PatentNext Summary: Virtual Reality (VR)-related patents are expected to rise with the onset of the Metaverse. Given that VR is fundamentally a software technology, how do courts review VR-related patents? Early cases show that courts will apply similar scrutiny as
PatentNext Summary: In August 2022, the Federal Circuit in Thaler v. Vidal held that U.S. patent law requires a “human” inventor. In 1884, the U.S. Supreme Court in Burrow-Giles Lithographic Co. v. Sarony held that a human could be the
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PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. This suggestion arguably
PatentNext Takeaway: The concept of the “Metaverse,” while decades old, is just starting to gain traction today. Early efforts to establish the Metaverse came from the video game industry. That is, as video games have become more modern, they are
PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings
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I have been monitoring patent application filings around the world that list DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an Artificial Intelligence (AI) machine alone can be listed as
I am excited to announce the publication of the Intellectual Property Owner (IPO)’s white paper on “Protecting Inventions Relating to Artificial Intelligence: Best Practices.”
The paper was authored by the IPO’s Software Related Inventions Committee and the
On January 25, 2022, the Japan Patent Office (JPO) updated its web page with a section titled “The JPO Key Features” (see https://lnkd.in/d9XqGYGm). The JPO Key Features provide examination statistics on timelines for utility patents, design patents, and trademarks
On January 6, 2022 the U.S. Patent Office (USPTO) announced a new pilot program that will allow patent applicants to delay responding to Office Actions that include issues of subject matter eligibility (SME) under 35 USC § 101/Alice.
PatentNext Summary: Software-based medical devices that focus on “data processing” can be patented. However, a patent practitioner should exercise care when drafting such claims. Otherwise, patent eligibility issues can arise. This article demonstrates countervailing Federal Circuit decisions that reached opposite