USPTO Publishes Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art

Attorney: Nicholas Rosa, Ph.D.
May 22, 2024

On April 30, 2024, the USPTO published a Request for Comments on the future impact of publications by generative AI on the issue of prior art. Previously, the USPTO has consistently come down against generative AI as an inventor, saying that “under current law, only natural persons may be named as an inventor in a patent application.”  See Inventorship Guidance for AI-Assisted Inventions, 89 FR 10043, Docket No. PTO-P-2023-0043.  Based on this stance, however, it is unclear if a publication by a generative AI could be prior art to a patent application.  Toward providing an answer to that question, the USPTO is seeking public comments on “what qualifies as prior art, the assessment of the level of skill of a [person having ordinary skill in the art (PHOSITA)], and determinations of patentability made in view of these evaluations.”<... Read more

Legal Protection from Generative AI in Japan (continued)

Attorney: Kasumi Kanetaka
June 16, 2023

In our blog post dated May 11, 2023, we discussed the Japanese government’s legal protections from generative artificial intelligence (AI) tools. Comparing to other developed countries, the Japanese regulations are considered to be the loosest.<... Read more

Legal protection from generative AI in Japan

Attorney: Kasumi Kanetaka
May 11, 2023

In the April 29, 2023 article, the Yomiuri Shimbun reported that a group of creative artists met with government official to discuss legal protections from generative artificial intelligence (AI) tools such as ChatGPT, as Japanese regulations are considered to be the loosest among advanced nations.[1] Particularly, artistic works can be used to “train” AI models with almost no conditions in Japan, which raises concerns among illustrators including manga artists, musicians, and other creatives. In the meeting, the group told the official that using copyrighted material to train AI without permission was “having a negative impact” on their activities.<... Read more

The United States Copyright Office Issues Policy Statement On Works Which Contain Material Generated by Artificial Intelligence

Attorney: Evan Smith, Law Clerk
March 27, 2023

The U.S. Copyright Office has clarified its examination and registration practices for works that were produced with the assistance of artificial intelligence (“AI”), in a policy statement titled “Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence.” This statement addresses the registration eligibility and application requirements for creative works that were generated by humans working in concert with AI.<... Read more

Amgen and AI

Attorney: Sameer Gokhale
December 13, 2022

In the Federal Circuit decision in Amgen Inc. v. Sanofi[1], while invalidating two of Amgen’s antibody patents, the CAFC made the following statement regarding the enablement requirement of 35 U.S.C. §112.<... Read more