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LLM Customization With A Path to Human Inventorship and Patent Rights
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.
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Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine
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USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
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.
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Intellectual Property In Legal Tech: Lessons from Recent Cases
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.
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Beyond Language: How Multimodal AI Sees the Bigger Picture
The possibilities for patenting innovative applications of multimodal models across industries are endless.
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Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
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.
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Recent Patent Trial and Appeal Board Approaches to Patent Claims on Medical Technology Implementing AI
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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Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi'
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.
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Can Artificial Intelligence Patents Overcome §112 Requirements?, Part 2
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.
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Can Artificial Intelligence Patents Survive Alice?
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.
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