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PatentNext Takeaway: According to a recent district court decision, an artificial intelligence (AI) cannot be an “author” as that term is defined by U.S. copyright law. This decision follows the U.S. Ninth Circuit Court of Appeal’s precedent regarding a “monkey selfie” photograph, where that court found that non-humans (e.g., monkeys) lack standing to sue under U.S. copyright law. The U.S. Copyright Office has since used such rulings to deny copyright registration of works that identify non-humans (i.e., AI systems) as the sole author. …

Continue Reading How U.S. Copyright Law on Artificial Intelligence (AI) Authorship Has Gone the Way of the Monkey

PatentNext Takeaway: To date, the Federal Circuit has not reviewed many cases involving artificial intelligence (AI). However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “how” the claimed invention implemented this element.  In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement.…

Continue Reading The Federal Circuit hints at Enablement requirements for Artificial Intelligence (AI) Inventions

In an era where the boundary between man and machine continues to blur, entertainment media fans are finding themselves at the frontier of a fascinating phenomenon – the production of new media featuring their favorite artists, courtesy of artificial intelligence (AI).…

Continue Reading Artificial Intelligence, Reel Talent: AI’s Growing Role in Multimedia

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA)’s article on “IP Aspects of Augmented Reality and Virtual Reality Technologies.” …

Continue Reading Announcing AIPLA article on Augmented Reality(AR) / Virtual Reality(VR): IP Aspects of Augmented Reality and Virtual Reality Technologies

Generative artificial intelligence (AI) systems, such as ChatGPT, can output new content based on user input. If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? There are currently two schools of thought for answering this question. The below article explores this further.

Continue Reading Do you have to list an Artificial Intelligence (AI) system as an inventor or joint inventor on a Patent Application?

Summary: Artificial Intelligence (AI)-generated music has the potential to reshape the music landscape, offering exciting opportunities for creativity while also presenting challenges in terms of copyright, monetization, and ethical considerations. Both artists and listeners will need to navigate this evolving space to fully harness the potential of this rapidly improving technology.…

Continue Reading Bittersweet Symphony: The AI-Generated Song that Stirred Up Copyright Chaos

In his petition for certiorari, Stephen Thaler had asked the U.S. Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor.  However, the Supreme Court has now denied Thaler’s petition, and it is now effectively up to Congress to act to promote any change on the issue.  As Thaler noted in his petition, this issue is unlikely to be appealed to the Supreme Court again.   Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur.  Indeed, as the law is essentially settled at this point, Applicants are unlikely to even file patent applications listing AI as the sole inventor, and thus the fact pattern is unlikely to repeat itself.…

Continue Reading The Future of AI Inventorship Following Denial of Stephen Thaler’s Petition

PatentNext Takeaway: The U.S. Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” However, upon learning that the comic book included images created by an AI tool, the Office canceled the original registration but allowed a new registration more narrowly focused on the contributions of the human author, namely the text of the comic book and the selection of arrangements of the AI-generated images. …

Continue Reading U.S. Copyright Office Partially Allows Registration of Work having AI-generated Images (“Zarya of the Dawn”)

What is ChatGPT?

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