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A Patent and Intellectual Property (IP) law blog focusing on Next-Generation and New-Age Technologies

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35 USC 101

USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)Artificial Intelligence (AI) Patenting Handbook: Version 3.0

35 USC 112

Sufficiency of Disclosure for Artificial Intelligence Patents - U.S. Case ExampleA Tale of Two Jurisdictions: Sufficiency of Disclosure for Artificial Intelligence (AI) Patents in the U.S. and the EPO

Alice

USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)Artificial Intelligence (AI) Patenting Handbook: Version 3.0

Artificial Intelligence (AI)

Ex parte Carmody: A Quiet but Important Signal on AI Eligibility Under §101USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)

Authorship

The U.S. Patent Office provides Inventorship Guidance for AI-Assisted InventionsIP impacts from President Biden's Executive Order on AI

Case Law

Drafting Software-based Patent Claims to Avoid Costly Divided Infringement Issues

Claim Construction

Why including an "Algorithm" is Important for Software Patents (Part 1)

Copyright

U.S. District Court Issues First Decisions on AI Model Development and Copyright Fair UseIP impacts from President Biden's Executive Order on AI

Enablement

Can Artificial Intelligence (AI) Generate Prior Art (e.g., a “Printed Publication”) pursuant to U.S. Patent Law?The Federal Circuit hints at Enablement requirements for Artificial Intelligence (AI) Inventions

EPO

WIPO Issues a Patent Landscape Report on Generative AIUK’s High Court Opens The Door For More AI Inventions

Fair Use

U.S. District Court Issues First Decisions on AI Model Development and Copyright Fair Use

Federal Circuit

Automation Patent Eligibility Gets a Lift in PowerBlock v. iFitDistrict Court Invalidates Patent Claims Allegedly Directed to Artificial Intelligence (AI)

Graphic User Interface

USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)Announcing AIPLA article on Augmented Reality(AR) / Virtual Reality(VR): IP Aspects of Augmented Reality and Virtual Reality Technologies

Infringement

Drafting Software-based Patent Claims to Avoid Costly Divided Infringement Issues

Inter Partes Review / IPR

PTAB Provides Some Clarity on AI Obviousness in IPR Decision

Internet of Things (IoT)

USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)The Japan Patent Office (JPO)’s Manga Patent Examination Guidelines for Artificial Intelligence (AI) and Internet Of Things (IoT)

Inventions

Artificial Intelligence (AI) Patenting Handbook: Version 3.0AI vs. TC: Artificial Intelligence, Application Routing, and the Battle for Consistency at the USPTO

Inventorship

The U.S. Patent Office provides Inventorship Guidance for AI-Assisted InventionsIP impacts from President Biden's Executive Order on AI

Japan Patent Office

The Japan Patent Office (JPO)’s Manga Patent Examination Guidelines for Artificial Intelligence (AI) and Internet Of Things (IoT)

JPO

The Japan Patent Office (JPO)’s Manga Patent Examination Guidelines for Artificial Intelligence (AI) and Internet Of Things (IoT)

Medical Devices

AI vs. TC: Artificial Intelligence, Application Routing, and the Battle for Consistency at the USPTOAI-based Medical Devices and the FDA’s Predetermined Change Control Plans (PCCPs)

Metaverse

Announcing AIPLA article on Augmented Reality(AR) / Virtual Reality(VR): IP Aspects of Augmented Reality and Virtual Reality TechnologiesPatenting VR Inventions in the Age of the Metaverse.

Novelty

USPTO’s New Pilot Program Offers an Early Look at AI Generated Search ResultsPatenting Software Inventions in Korea and the U.S.

Obviousness

USPTO’s New Pilot Program Offers an Early Look at AI Generated Search ResultsPTAB Provides Some Clarity on AI Obviousness in IPR Decision

Patent Drafting

Drafting Software-based Patent Claims to Avoid Costly Divided Infringement Issues

Patent Prosecution

Drafting Software-based Patent Claims to Avoid Costly Divided Infringement Issues

Patent Trial and Appeal Board (PTAB)

PTAB Provides Some Clarity on AI Obviousness in IPR DecisionThe Federal Circuit hints at Enablement requirements for Artificial Intelligence (AI) Inventions

Patents

Ex parte Carmody: A Quiet but Important Signal on AI Eligibility Under §101USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)

Software

Ex parte Carmody: A Quiet but Important Signal on AI Eligibility Under §101USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)

Southeast Asia

Patenting Software And Computer-Implemented Inventions In Southeast Asia  

Subject Matter Eligibility

USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)Artificial Intelligence (AI) Patenting Handbook: Version 3.0

Uncategorized

Patent Marking And Software Medical Devices (IPO Paper Announcement)Artificial Intelligence (AI) Policy Considerations

USPTO

Ex parte Carmody: A Quiet but Important Signal on AI Eligibility Under §101USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)

Virtual Reality (VR)

Announcing AIPLA article on Augmented Reality(AR) / Virtual Reality(VR): IP Aspects of Augmented Reality and Virtual Reality TechnologiesPatenting VR Inventions in the Age of the Metaverse.

Written Description

Sufficiency of Disclosure for Artificial Intelligence Patents - U.S. Case ExampleA Tale of Two Jurisdictions: Sufficiency of Disclosure for Artificial Intelligence (AI) Patents in the U.S. and the EPO

About The Editor

PatentNext is moderated by Ryan N. Phelan, a registered U.S. Patent Attorney and Software and Computer Engineer. Ryan previously worked in the IT industry as a consultant at Accenture, where he regularly consulted Fortune 500 companies in software and computing technologies.

Ryan is featured in the IAM Strategy 300 & 300 Global Leaders guides, and was selected for inclusion in The Best Lawyers in America© list in the practice area of Patent Law. Ryan is also an adjunct professor at Northwestern University’s Pritzker School of Law where he teaches coursework on Patenting Software Inventions. Reach out to Ryan or connect via LinkedIn.

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  • Federal Register
  • National AI Initiative
  • White House Office of Science and Technology Policy

Patent Offices

  • U.S. Patent Office
  • U.S. Copyright Office
  • European Patent Office
  • Japan Patent Office
  • China National Intellectual Property Administration

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