“Protecting Inventions Relating to Artificial Intelligence: Best Practices”March 22, 2022
Marshall, Gerstein & Borun LLP Partner Ryan Phelan co-authored a white paper with members of the Intellectual Property Owners Association's software-related inventions and artificial intelligence (AI) and other emerging technologies committees discussing key intellectual property issues related to artificial intelligence inventions.
The white paper emphasizes the importance of AI innovation across industries and markets' heavy investment into developing new AI-related technologies. But, he cautions, "some practitioners and applicants may not fully appreciate the unique considerations associated with protecting AI innovation."
Additionally, the paper discusses a range of intellectual property issues surrounding AI inventions, including ways in which legal counsel may maximize disclosure interviews with AI inventors, ethical considerations for preparing AI invention disclosures, best practices for drafting AI applications to prevent or overcome rejections before the United States Patent and Trademark Office or to withstand challenges before the U.S. Court of Appeals, and enforcement issues, among others. The paper also provides an overview of the current regulatory and legislative landscape for inventorship.
The white paper, titled, "Protecting Inventions Relating to Artificial Intelligence: Best Practices," is available online to IPO Members.