“IP Considerations of Biden’s Executive Order on Artificial Intelligence”

In an article published December 28 on Law.com, Marshall Gerstein Partner and patent attorney Cameron B. Pick provides input on the intellectual property aspects of President Biden’s recently signed executive order on artificial intelligence.

Pick writes, “Of particular importance to the Intellectual Property (IP) industry, the executive order was signed to assist the United States in becoming a global technology leader in this disruptive area.”

He points out that the executive order requires the United States Patent and Trademark Office (USPTO) director to issue updated guidance on patent eligibility to address innovation in AI.

“By requiring the USPTO director to issue updated guidance on patent eligibility to address innovation in AI, it appears that the executive order is seeking more clarity on how applicants can draft eligible AI software claims. It also appears the executive order suggests that more of these AI software claims should be patent eligible and that the guidance should be updated to allow for a larger percentage of AI software claims to be deemed eligible,” Pick suggests.

Subscribers to Law.com may read the column online here.