Artificial intelligence is rapidly evolving, and large language models (LLMs) like ChatGPT are one of the more exciting examples. Their generative capabilities have implications for our patent system, some of which are underappreciated and nonintuitive. Under U.S. patent law, an inventor may not obtain a patent if the claimed invention…
Though we recently touched on the U.S. Court of Appeals for the Federal Circuit ruling that only natural beings, which do not include artificial intelligence, can be an inventor under the U.S. Patents Act, the decision merits additional discussion. Defining artificial intelligence (AI) can be a challenging task due to…
The U.S. Court of Appeals for the Federal Circuit has agreed with the U.S. Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents. Computer scientist Stephen Thaler argued that his AI system “DABUS”1 (which he describes as a collection…
Many companies are increasingly looking to the federal government during COVID-19 for liquidity or other financial assistance. Colleague Drew Schulte recently spoke with host Joel Simon on Pillsbury’s Industry Insights podcast and highlighted a variety of strategies available to companies with intellectual property assets (and particularly patents or patentable assets)…
As the COVID-19 outbreak continues its spread across the globe—resulting in more than four million infections worldwide and thousands dying of the virus every day—a growing community of scientists, software developers, health organizations, public consortia, private companies, and federal agencies (e.g., NIH) have been collaborating and sharing their patented technologies…
Innovation has become seemingly synonymous with operating a successful business as the projected success of a company is measured by both its ability to innovate and its track record of innovation. Patent law is an area of law tasked by the U.S. Constitution to promote innovation. Patents and innovation should…
While companies in every industry are working hard to figure out the best response to this global pandemic, those in the pharmaceutical and medical device industries have been faced with some unique challenges related to the balancing of intellectual property rights with serving the public good. One particular question that…
As the world collectively struggles to adapt to the “new normal,” it is clear that one of many challenges facing businesses and individuals is how to best adapt to supply chain disruptions. A key example of where these shortages are being reported is in the health care sector, which is…
With great power comes great responsibility. 5G is the next generation of 3GPP technology. Along with having the potential to facilitate the next leap in connectivity, 5G technology supremacy also has the power to define the geopolitics of the next century. As the global battle for 5G dominance plays out,…
Be you a founder, would-be investor or acquirer, correctly valuing the intellectual property of a company is rarely a simple task, but it can be even more challenging when that IP involves artificial intelligence or machine learning. See what our colleague Josh Tucker has to say about the challenges and…