Privacy, Cybersecurity & Technology Law Perspectives

This article outlines a framework for creating valuable patents for protecting AI technologies, as part of a series that covers topics including why to invest in patents for AIhow to overcome the biggest challenges in patenting AI, and business factors to consider in building your patent portfolio. The framework highlights several complementary approaches for claiming the inventions underlying any particular AI technology, and answers the following questions that characterize useful patent…
This is the third article in a series focused on creating a valuable patent portfolio for AI technologies, building on earlier discussions of why to invest in patents for AI and how to overcome the biggest challenges in patenting AI.  This article will focus on how to match up your patent portfolio with the most valuable aspects of your business, setting the stage for future articles on frameworks for how to prepare AI patent…
A patent application must describe an invention with adequate detail so that a person skilled in the art can recognize the boundaries of the invention (called the “written description” requirement) and can be enabled to practice the invention (called the “enablement” requirement).  Historically, these requirements were relatively straightforward and easily met when describing most inventions.  The advent of computing technology, however, brought new legal complexities and introduced challenges to patent application drafting.   Inventions related to…
The California Attorney General Xavier Bacerra submitted the final proposed regulations (the “Regulations”) under the California Consumer Privacy Act of 2018 (“CCPA”) to the California Office of Administrative Law (“OAL”) on June 1, 2020. The Regulations were submitted on the last day that would normally be permitted under California law without reliance on other procedural measures that would have provided even less time for businesses subject to the CCPA to comply with the Regulations. Normally…
New privacy challenges await California businesses as they begin to develop plans to reopen after more than two months of lockdown due to the COVID-19 pandemic. Most businesses are required to fill out a county-specific safe reopening plan, which describes the measures that the business will take to protect the health of both employees and guests of the business. These measures often include, to varying degrees, temperature checks upon entrance and attestations to screening questions…
Like many industries, the automotive sector was hard hit by COVID-19. With plant closures, retooling of manufacturing lines for the production of necessary personal protection equipment, and the declining purchase demand for new vehicles, the automotive industry has a tough road ahead of it in order to return to the glory it enjoyed before the coronavirus pandemic befell the world. While reopening the plants and retooling the manufacturing lines to produce vehicles once again is…
Employers and employees are bracing themselves for a new heightened level of surveillance in the workplace not seen since the aftermath of 9/11. These new measures will leverage advanced technologies such as artificial intelligence and deep learning, and they will have privacy and security implications for employers and employees alike.  Employers are purchasing new technology solutions, as well as repurposing existing technology, such as surveillance cameras already in place. Many new surveillance measures and tools…
On May 13, 2020, the Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Research Agency (CISA) issued an announcement directed at organizations involved in COVID-19 research to be on increased alert against potential cybersecurity attacks. The announcement stated that actors from the Peoples Republic of China (PRC) have targeted and potentially have compromised organizations involved in COVID-19 research, including those researching potential treatments, vaccines, and tests in an attempt to obtain intellectual property…
A key question surrounding patents for artificial intelligence (AI) related technologies is can an AI agent (as in, not a human) be considered an inventor to a patent application. Last week, in a highly publicized case, the United States Patent & Trademark Office (USPTO) answered with a resounding “no” to an AI agent named “Device for Autonomous Bootstrapping of Unified Sentience” (“DABUS”) that “autonomously generated” the invention in question. The decision explained that an AI…
The dramatic interruption of business processes resulting from the COVID-19 pandemic has revealed major inadequacies in the disaster recovery / business continuity policies of many organizations, both large and small. Companies are being forced to address working environments across the whole enterprise that mandates physical distance between employees or in many cases, completely remote operations. These scenarios raise many risks, which can and should be mitigated by implementing a robust disaster recovery plan with special…