It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry side, there is also a rapidly growing number of patent applications being filed.In view of this, the European Patent Office (EPO) issued new guidance for examination for AI and ML patent applications in November 2018. Meanwhile, in January 2019, the U.S. Patent and Trademark Office (USPTO) also issued revised guidance directed to what constitutes patent eligible subject matter under 35 U.S.C. §101. Although the USPTO’s revised guidance is more generally directed to software applications, at least one of the accompanying hypothetical examples (Example 39) is directed to the AI and ML space. Therefore, while there may be lingering concerns that AI and ML inventions will face extra scrutiny toward patentability due to their software-centric nature, the extra attention that the EPO and USPTO are paying toward AI and ML will likely help swing the pendulum of patentable subject matter toward a place that is in harmony with the current state of technology. The below analysis reviews the recent developments by the EPO and the USPTO to provide specific guidance on the topic of AI and ML.
Patent
- Enablement
- Fee Shifting
- Litigation
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
- UK Court Hands Down Key FRAND Ruling in InterDigital v. Lenovo
- Litigation Trends, Shared Core Technologies Make Wi-Fi 6 an Attractive SEP Monetization Target (Part 1)
- Other Barks & Bites: UK Rules in InterDigital-Lenovo SEP Fight; USPTO to add FDA Info to PTE Page; Copyright Office Launches Initiative to Explore AI’s Implications on Copyright Law
Recent Posts
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
- UK Court Hands Down Key FRAND Ruling in InterDigital v. Lenovo
- Litigation Trends, Shared Core Technologies Make Wi-Fi 6 an Attractive SEP Monetization Target (Part 1)
- Other Barks & Bites: UK Rules in InterDigital-Lenovo SEP Fight; USPTO to add FDA Info to PTE Page; Copyright Office Launches Initiative to Explore AI’s Implications on Copyright Law