I am excited to announce the publication of the Intellectual Property Owner (IPO)’s Artificial Intelligence (AI) Patenting Handbook (the “AI Patenting Handbook”). This is a second, updated version of the AI patenting handbook.
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The U.S. Patent Office provides Inventorship Guidance for AI-Assisted Inventions
PatentNext Takeaway: The U.S. Patent and Trademark Office (USPTO) recently issued examination guidance regarding patentability for artificial intelligence (AI)-assisted inventions. The guidance states that AI-assisted inventions are not “category unpatentable.” Instead, when a natural person provides a “significant contribution” to…
Improving a User Experience (UX) Alone Does Not Demonstrate a Technical Improvement for Demonstrating Patent Eligibility Satisfying Section 101
PatentNext Takeaway: Demonstrating that a claimed invention provides an “improvement” to an underlying computing device is one of the best ways to achieve patent eligibility pursuant to Section 101 of U.S. Patent Law. However, the Federal Circuit has repeatedly held…
Beyond Language: How Multimodal AI Sees the Bigger Picture
AI chatbots have grown increasingly ubiquitous over the last year. For example, the basic version of ChatGPT is a conversational chatbot capable of understanding natural language inputs and generating highly coherent text responses. However, exciting new multimodal AI models like…
UK’s High Court Opens The Door For More AI Inventions
The UK’s Patents Act 1977 § 1(2)(c) excludes, from patent protection, “a program for a computer.” Under this exclusion, the UK Intellectual Property Office (UKIPO) rejected Emotional Perception AI Ltd.’s patent claim, which included an Artificial Neural Network (ANN). However,…
Intellectual Property (IP) impacts from President Biden’s Executive Order on Artificial Intelligence (AI)
PatentNext Takeaway: The President’s recent Executive Order (EO) regarding artificial intelligence (AI) addresses, among other things, intellectual property (IP). The EO directs the U.S. Patent and Trademark Office (USPTO) and U.S. Copyright Office to provide guidance and recommendations on IP…
Artificial Intelligence (AI) Policy Considerations
PatentNext Takeaway: Companies have increased access to artificial intelligence (AI) tools, such as ChatGPT and Github Copilot, which promise to improve the efficiency and work product output of employees. However, the adoption of such AI tools is not without risks,…
How U.S. Copyright Law on Artificial Intelligence (AI) Authorship Has Gone the Way of the Monkey
PatentNext Takeaway: According to a recent district court decision, an artificial intelligence (AI) cannot be an “author” as that term is defined by U.S. copyright law. This decision follows the U.S. Ninth Circuit Court of Appeal’s precedent regarding a “monkey…
The Federal Circuit hints at Enablement requirements for Artificial Intelligence (AI) Inventions
PatentNext Takeaway: To date, the Federal Circuit has not reviewed many cases involving artificial intelligence (AI). However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and…
Artificial Intelligence, Reel Talent: AI’s Growing Role in Multimedia
In an era where the boundary between man and machine continues to blur, entertainment media fans are finding themselves at the frontier of a fascinating phenomenon – the production of new media featuring their favorite artists, courtesy of artificial intelligence…