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
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
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
May 28, 2021
Recently, I had the privilege of participating in a couple of virtual conferences as a panelist on issues related to artificial intelligence (AI) and intellectual property (IP). Normally when I participate as a speaker at a conference I speak on many of the issues you may have read in our previous blog posts. I tend to focus heavily on patent prosecution issues in obtaining an AI patent, whether in the U.S. or around the globe. However, these two recent panels had a particular focus on how to protect data as an asset. While the issue of protecting data (or information in general) has long been a grey area issue in the realm of IP, this issue has risen to the forefront due to AI and the rise of “Big Data.” <... Read more
Attorney:
Sameer Gokhale
January 15, 2021
Some of the most impressive AI breakthroughs are the result of separate contributions and heavy investments made by both large and small players in the tech-world. While many inventions in AI will be directed to cutting edge products, such as the in-home virtual assistant or the self-driving car, a lot of patentable innovations are directed to products which the public will never see or use, such as innovations in Factory Automation (FA).<... Read more