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Features

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness Image

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

Mikaela Stone

The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.

Features

Structuring Patent Licensing Agreements Image

Structuring Patent Licensing Agreements

Jose L. Linares, Mark M. Makhail, Stephanie Reed Traband & Michele McGuire Vanderstreet

Licensing inventions vis-a-vis the licensing of patents is not a new practice by any means. However, the explosion of innovation in industries such as technology and pharmaceuticals has placed patent licensing at the forefront of economic advancement.

Features

Emerging Legal Terrain: IP Risks from AI's Role In Drug Discovery Image

Emerging Legal Terrain: IP Risks from AI's Role In Drug Discovery

Fredrick Tsang, Antonia Sequeira & Carl Morales

This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.

Features

LLM Customization With A Path to Human Inventorship and Patent Rights Image

LLM Customization With A Path to Human Inventorship and Patent Rights

Jim Soong

A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.

Columns & Departments

IP News

Jeffrey S. Ginsberg & Kaiying Wang

Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine

Features

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness Image

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness

Rob Maier

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

Features

Intellectual Property In Legal Tech: Lessons from Recent Cases Image

Intellectual Property In Legal Tech: Lessons from Recent Cases

Brian Mack, Kevin Keller & Olga V. Mack

As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.

Features

Beyond Language: How Multimodal AI Sees the Bigger Picture Image

Beyond Language: How Multimodal AI Sees the Bigger Picture

Matthew R. Carey

The possibilities for patenting innovative applications of multimodal models across industries are endless.

Features

Protecting Technology-Assisted Works and Inventions: Where Does AI Begin? Image

Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?

Ed Lanquist, Jr. & Dominic Rota

Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.

Features

Recent Patent Trial and Appeal Board Approaches to Patent Claims on Medical Technology Implementing AI Image

Recent Patent Trial and Appeal Board Approaches to Patent Claims on Medical Technology Implementing AI

Jim Soong

Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.

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