Attorney:
Nicholas Rosa, Ph.D.
October 6, 2025
On September 26, 2025, the Appeals Review Panel of the Patent Trial and Appeal Board (“PTAB”) published a decision reviewing the PTAB’s denial of rehearing in Ex parte Desjardins (“Review Decision”).[1] The Review Decision authored by new Director Squires is expected to send shockwaves through the PTO in regard to eligibility for Artificial Intelligence (“AI”) and Machine Learning (“ML”) applications. The Review Decision is available here.<... Read more
Attorney:
Sameer Gokhale
June 28, 2021
Following Ed Garlepp’s great discussion on AI disclosure issues[1][2], I want to describe a related problem with AI and issues arising under the written description requirement that I often bring up when presenting on this topic. I started raising this topic following an episode of HBO’s Silicon Valley. One of the characters who lives in the incubator depicted in the show, Jian Yang, pitches an app to venture capitalists called “See Food” which is described as a “Shazam for food.” The user takes a picture of food, and then the app returns an identification of the food. Eventually Jian Yang does come up with an app that can identify food. The problem: it can only identify “hot dog” and “not hot dog.” When asked why he only created an app that only recognizes one type of food, Jian Yang explains that identifying more foods will require scraping significantly more images of food from the Internet to use as training data for a computational model.<... Read more
Attorney:
Sameer Gokhale
November 11, 2020
The USPTO recently released a report on public comments that were received in response to two requests for comments (RFCs) regarding artificial intelligence ("Public Views on Artificial Intelligence and Intellectual Property Policy"). The USPTO states that it will use this report to focus issues for continued exploration of other measures it may take to bolster the understanding and reliability of IP rights for emerging technologies, such as AI.... Read more