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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.

Features

Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi' Image

Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi'

Leanne Rakers & Caley McCarthy

The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's May 2023 ruling in Amgen Inc. v. Sanofi, a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.

Features

Can Artificial Intelligence Patents Overcome §112 Requirements?, Part 2 Image

Can Artificial Intelligence Patents Overcome §112 Requirements?, Part 2

Mark Liang, Paige Hardy & Grace McFee

Part Two of a Two-Part article While the last decade has seen a dramatic increase in the number of AI patents, such patents face difficulty in overcoming the patent-eligibility challenges under §101 and Alice. Section 101, however, is not the only hurdles AI patents must overcome. Section 112, with its written description, enablement, and definiteness requirements, presents additional obstacles.

Features

Can Artificial Intelligence Patents Survive Alice? Image

Can Artificial Intelligence Patents Survive Alice?

Mark Liang. Paige Hardy & Grace McFee

Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.

Features

Director Vidal's Impact On the PTAB: Big Changes and More On the Way Image

Director Vidal's Impact On the PTAB: Big Changes and More On the Way

Jennifer Bush

Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.

Features

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective Image

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective

Amir Kashani, Xuechen (Rebecca) Ding & Aseet Patel

Part Two of a Two-Part Article In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM's patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.

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