PatentNext

PatentNext is a weblog (“Blog”) about Patent and Intellectual Property (IP) law focusing on Next-generation and New Age technologies.

10/28/2024

In his post on PatentNext.com, Marshall Gerstein partner Ryan Phelan discusses the challenges of divided infringement in U.S. patent law, particularly for software-based claims, and suggests best practices for drafting claims that consolidate essential steps to enhance enforceability and reduce litigation risks. https://bit.ly/4hprtas

This article is co-authored by Phelan Simpkins, counsel for State Farm who oversees emerging technology licenses, among other key areas for the company.

09/23/2024

The FDA is ramping up its regulatory efforts, particularly through the implementation of Predetermined Change Control Plans (PCCPs) to manage AI/ML updates. These plans are guided by five key principles aimed at ensuring safety, risk management, and transparency throughout a device's lifecycle. Notably, there has been a substantial increase in FDA submissions and patent filings for AI-based medical devices since 2016, reflecting the growing interest and innovation in this field. Read partner Ryan Phelan’s post about this here: https://bit.ly/3Xz0FeM

PatentNext Takeaway: This post highlights the FDA's increasing regulatory efforts for artificial intelligence (AI) and machine learning (ML)-enabled

08/13/2024

The World Intellectual Property Organization (WIPO) released a comprehensive Patent Landscape Report on Generative AI (GenAI). This report highlights a remarkable surge in GenAI patents and scientific publications over the past decade, driven by advancements like transformers and increased model complexity. With GenAI applications expanding across industries, from life sciences to autonomous driving, the report underscores a significant rise in innovation and research in this dynamic field. Marshall Gerstein Associate Bill Samore’s analysis can be read here: https://bit.ly/3Ap2W4f 🔍

PatentNext Takeaway: WIPO published a Patent Landscape Report on GenAI. The Patent Landscape Report discusses trends in GenAI, including

06/03/2024

The Intellectual Property Owners Association (IPO) recently published a white paper on Patent Marking And Software Medical Devices, which includes contributions from Marshall Gerstein (Partner Ryan N. Phelan). Read more at PatentNext.com: https://bit.ly/4bOEN4P

I am excited to announce the publication of the Intellectual Property Owner (IPO)’s paper on Patent Marking regarding Software Medical Devices. The

04/16/2024

The Intellectual Property Owner (IPO)’s recently published a second version of its Artificial Intelligence (AI) Patenting Handbook, which includes contributions from Marshall Gerstein (Partner Ryan N. Phelan). https://bit.ly/3JmKiva

I am excited to announce the publication of the Intellectual Property Owner (IPO)’s Artificial Intelligence (AI) Patenting Handbook (the “AI Patenting

12/07/2023

The UK’s Patents Act excludes, from patent protection, “a program for a computer.” Yet, a decision by the High Court on November 21, 2023 evaluated a patent claim including an Artificial Neural Network (ANN), and held that the exclusion did not apply. In response to the High Court’s decision, the UKIPO temporarily suspended its guidance on patent applications relating to AI inventions, and issued interim guidance that Patent Examiners should not object to inventions involving ANNs under the “program for a computer” exclusion. Read more in Bill Samore's latest blog post at PatentNext.com: https://www.patentnext.com/2023/12/uks-high-court-opens-the-door-for-more-ai-inventions/

The UK’s Patents Act 1977 § 1(2)(c) excludes, from patent protection, “a program for a computer.” Under this exclusion, the UK Intellectual Property

11/27/2023

The President’s recent Executive Order (EO) regarding artificial intelligence (AI) directs the U.S. Patent and Trademark Office (USPTO) and U.S. Copyright Office to provide guidance and recommendations on AI-related issues of patent inventorship, patent eligibility, and copyright authorship. Read partner Ryan Phelan's latest post on PatentNext.com: https://bit.ly/47zdsS4

PatentNext Takeaway: The President’s recent Executive Order (EO) regarding artificial intelligence (AI) addresses, among other things, intellectual

10/31/2023

Companies onboarding artificial intelligence (AI) tools should consider adopting an AI policy to help control intellectual property (IP) risks, including loss of IP rights. This article by Marshall Gerstein partner Ryan Phelan explores potential IP-related risks and AI policy considerations to eliminate or mitigate such risks. https://www.patentnext.com/2023/10/artificial-intelligence-ai-policy-considerations/

PatentNext Takeaway: Companies have increased access to artificial intelligence (AI) tools, such as ChatGPT and Github Copilot, which promise to improve

09/29/2023

According to the D.C. district’s decision, an artificial intelligence (AI) cannot be an “author” as that term is defined according to current U.S. copyright law. This decision follows the U.S. Ninth Circuit Court of Appeal’s precedent for a “monkey selfie” photograph finding that non-humans (e.g., monkeys) lack standing to sue under U.S. copyright law. In his latest post, Ryan Phelan explores legal similarities between these two seemingly unrelated rulings. In addition, he explores how 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. https://bit.ly/46achro

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.

08/28/2023

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. Visit PatentNext.com to read Marshall Gerstein partner Ryan Phelan’s synopsis: https://bit.ly/47T8nEQ

PatentNext Takeaway: To date, the Federal Circuit has not reviewed many cases involving artificial intelligence (AI). However, in a recent case, the

07/24/2023

Check out the latest post by partner Matt Carey – "Artificial Intelligence, Reel Talent: AI’s Growing Role in Multimedia" – covering the increasing use of AI in multimedia as well as the growing pushback from creatives. https://bit.ly/3pUZAkH

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

06/29/2023

The American Intellectual Property Law Association (AIPLA) recently published a white paper on a global perspective on software and medical device guidance, authored by partner Ryan Phelan and others on the AIPLA Augmented Reality (AR) / Virtual Reality (VR) subcommittee. https://bit.ly/3PJbTuy

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

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