PatentNext Blog

PatentNext is a weblog (“Blog”) about Patent and Intellectual Property (IP) law focusing on Next-generation and New Age technologies.

Recent Blog Posts

  • Artificial Intelligence (AI) Patenting Handbook: Version 2.0 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.  I had the honor of participating as an author along with fellow IPO committee members of the Software Related Inventions Committee and the Artificial Intelligence (AI) & Other Emerging Technologies Committee. The AI Patenting Handbook may be found here and covers various topics regarding Artificial Intelligence (AI) and patenting... More
  • 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 an invention, such an invention can be patentable even if an AI system contributed to the invention. While the guidance does not constitute law, it is grounded in law, i.e., the Federal Circuit’s so-called Pannu factors, which serve as a... More
  • 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 that an improvement to a “User Experience” (UX) alone is insufficient. The Federal Circuit recently issued yet another case, further cementing its position that improving a UX, without more, fails to demonstrate a technical improvement for satisfying Section 101 per... More
  • 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 Google’s Gemini showcase more sophisticated capabilities. What distinguishes these two varieties of artificial intelligence? How may such multimodal systems further extend machine learning’s capacities? And by what means might novel implementations leveraging multiple modalities secure patent rights? Overview of AI Chatbots AI Chatbots... More
  • 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, on November 21, 2023, the High Court overturned the rejection, stating that the exclusion did not apply.  In response to the High Court’s decision, the UKIPO temporarily suspended its guidance on patent applications relating to AI inventions, and issued interim... More
  • 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 issues of patent inventorship, patent eligibility, and copyright authorship in view of Artificial Intelligence (AI). While the guidance and recommendations will not have the force of law, they are nonetheless expected to include data and insights from stakeholders that could... More
  • 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, including the risk of loss of intellectual property (IP) rights. Accordingly, companies should proceed with caution by considering developing an AI policy to help eliminate or mitigate such risks. An AI policy can look similar to, and in many cases... More
  • 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 selfie” photograph, where that court found that non-humans (e.g., monkeys) lack standing to sue under U.S. copyright law. The U.S. Copyright Office has since used such rulings to deny copyright registration of works that identify non-humans (i.e., AI systems) as... More
  • 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 the written description of the patent to which it belonged failed to describe “how” the claimed invention implemented this element.  In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of... More
  • 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 (AI). The Beatles, perhaps the most-loved rock ‘n’ roll band of all time, released their final studio album, Let It Be, in 1970.  Beatlemaniacs have listened to this and other Beatles albums, know most lyrics by heart, and have spent countless... More
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