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

Federal Circuit Agrees with the USPTO: an AI System Cannot be an Inventor

Attorney: Kurt M. Berger, Ph.D.
August 16, 2022

The Federal Circuit recently affirmed a decision in the Eastern District of Virginia holding that the Patent Act unambiguously requires an inventor to be a natural person.<... Read more

The Ongoing Patent Dispute Over Innovative ML-Based Pattern Recognition

Attorney: Yuki Onoe
April 18, 2022

Support Vector Machine-Recursive Feature Elimination (SVM-RFE) is a technology which can be used to find relevant patterns in a large data set such as the data generated in the sequencing of genomes and produce smaller subsets. In Health Discovery Corp. v. Intel Corp.[1], the patent owner HDC, in its complaint for infringement, discussed the innovative aspects of the technology:<... Read more

AI as a Tool for the "PHOSITA"

Attorney: Sameer Gokhale
January 27, 2022

An ongoing discussion in the field of artificial intelligence (AI) and patent law relates to the implications of AI toward the standard for a person having ordinary skill in the art (“PHOSITA”). While the PHOSITA is a legal fiction, resolving the level of ordinary skill in the pertinent art is one of the Graham factors enunciated by the Supreme Court in the framework for determining obviousness under 35 U.S.C. §103.[1] <... Read more