ChatGPT is an artificial intelligence (AI) model developed by OpenAI. In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. Continue Reading ChatGPT and Intellectual Property (IP) related Topics
I am excited to announce the publication of the Intellectual Property Owner (IPO)’s white paper on “Software and Medical Device Guidance: A Global Perspective.”
The paper was authored by the IPO’s Software and Medical Device Subcommittee, which I had the honor and pleasure of leading in 2022. The Subcommittee reports to the IPO’s Software Committee. Continue Reading Announcing IPO white paper on a Global Perspective on Software and Medical Device Guidance
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PatentNext Summary: Following the August 2022 Federal Circuit decision in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. Continue Reading USPTO Request for Comments on AI as an Inventor
PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries.Continue Reading Patenting Software And Computer-Implemented Inventions In Southeast Asia
PatentNext Summary: The life sciences and healthcare fields produce big data, which Artificial Intelligence (AI) tools can use to train AI models to assist doctors, patients, researchers, and other stakeholders in various ways. In the intellectual property (IP) space, there has been explosive growth in this area, with AI-based patent filings addressing trending areas, including disease identification and diagnosis, drug discovery, personalized medicine, and clinical trials, among others. These trends are expected to continue though challenges remain, such as the balance between the need for health-related data to train AI models and privacy and ethical concerns in using such data.Continue Reading The Intersection of Artificial Intelligence (AI), Life Sciences, Healthcare, and Intellectual Property (IP)
PatentNext Summary: Artificial Intelligence (AI) typically involves certain common aspects such as training data and AI models trained from that training data. Nonetheless, a recent Patent Trial and Appeal Board (PTAB) decision found that it is not always obvious to combine these common aspects to render an AI-based medical device invention unpatentable.Continue Reading PTAB finds Artificial Intelligence (AI) Medical Device Patent not so Obvious
PatentNext Summary: Artificial Intelligence (AI) systems are expected to increasingly provide automated decisions impacting, for example, home ownership, job recruitment, and other important life events. In this way, such AI systems have the power to impact a wide variety of people and should be trained in a manner that eliminates bias and promotes fairness. The White House has recently published a Blueprint for an AI Bill of Rights that seeks to acknowledge and address these potentially inherent ethical risks of AI systems.
Continue Reading Ethical Considerations of Artificial Intelligence (AI) and the White House’s Blueprint for an AI Bill of Rights
PatentNext Summary: Virtual Reality (VR)-related patents are expected to rise with the onset of the Metaverse. Given that VR is fundamentally a software technology, how do courts review VR-related patents? Early cases show that courts will apply similar scrutiny as for other software-related technologies, where VR-related patents will need to satisfy current patent eligibility standards, e.g., by showing an “improvement” to underlying computing technology.
Continue Reading Patenting Virtual Reality (VR) Inventions in the Age of the Metaverse
PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. This suggestion arguably opens the door for companies or individuals, who own or use AI-generating machines, to designate themselves (instead of the AI machine) as the “inventor” on a patent application, even where the invention was wholly conceived by the AI machine itself.
Continue Reading European Patent Office (EPO) Suggests that the Owner of an Artificial Intelligence (AI) Machine Could be Listed as the Inventor of an AI-Generated Invention
PatentNext Takeaway: The concept of the “Metaverse,” while decades old, is just starting to gain traction today. Early efforts to establish the Metaverse came from the video game industry. That is, as video games have become more modern, they are increasingly designed to have interactive virtual worlds, which is a hallmark of the Metaverse. Because of this, we can expect the U.S. Patent and Trademark Office (USPTO) and courts to look to prior art and previous cases involving video game technology to decide Metaverse-related issues in the future. For the same reason, we can also use best practices for patenting software-related technologies (upon which video game technology relies) to prepare Metaverse-related patents.
Continue Reading Exploring the Metaverse and Patent-related topics