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USPTO AI Guidance Highlights Risks for Practitioners and Public

AI disclosure not required to USPTO, but accuracy and truthfulness crucial in submissions.

USPTO issues guidance emphasizing existing rules to protect against AI-related risks in filings. [ more ]

Intellectual Property Law Blog

2 months ago

moreartificial-intelligence

AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Inventors must disclose AI use in patent applications

USPTO requires natural person's significant contribution to patent claims [ more ]

ai-assisted-inventions

The IP Law Blog

USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

The USPTO issued guidance stating that a human must have made a significant contribution to inventions developed with AI assistance.

The use of AI systems does not preclude a natural person from being named as the inventor if they significantly contributed to the invention. [ more ]

Ars Technica

US says AI models can't hold patents

The United States Patent and Trademark Office (USPTO) has clarified that only human beings can be named as inventors, even for AI-assisted inventions.

While AI systems can play a role in the creative process, significant human contributions to the conception of an invention are required to be considered an inventor.

Using AI assistance to create an invention does not disqualify a human from holding a patent, as long as the human made significant contributions to the invention. [ more ]

Intellectual Property Law Blog

AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

The US Patent and Trademark Office (USPTO) has issued guidance on inventorship for AI-assisted inventions.

The USPTO requires that a natural person must have significantly contributed to each claim in a patent application or patent. [ more ]

Patently-O

moreai-assisted-inventions

Joint Inventorship: AI-Human Style

The USPTO believes AI-developed inventions are patentable as long as a human significantly contributes to the invention.

The USPTO's approach allows for both human and machine intelligence to intersect in the creative process. [ more ]

USPTO

IPWatchdog.com | Patents & Intellectual Property Law

Other Barks and Bites for Friday, December 1: Senators Discuss AI and Intellectual Property; EU Report Finds 86 Million Fake Items Were Detained Last Year; USPTO Releases New China IP Rights Toolkit

The USPTO released a revised edition of its China Intellectual Property Rights Toolkit, which provides information on recent changes to China's IP laws and government structure.

USPTO Director Kathi Vidal vacated a PTAB decision that found certain patent claims unpatentable, stating that the Board should have considered evidence of patentability. [ more ]

Patently-O

Web design

GUI Guidelines: The Old Rules are New Again

The USPTO released supplemental guidance for examination of design patent applications related to computer-generated electronic images.

The USPTO reaffirmed its prior interpretation of the phrase 'design for an article of manufacture' and did not expand its interpretation as many had hoped. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

This Week in Washington IP: IPWatchdog Hosts SEP Masters, the State of Veteran Entrepreneurship, Rule Changes at the PTAB

Senate Committee on Small Business hears from entrepreneurs who served in the U.S. military

House Subcommittee on Communications discusses the implications of AI technology on U.S. communications

USPTO evaluates how women can be empowered to become entrepreneurs and holds a webinar to discuss changes at PTAB [ more ]

moreUSPTO

IPWatchdog.com | Patents & Intellectual Property Law

Venture

USPTO Proposes National Strategy to Incentivize Inclusive Innovation

The USPTO announced a National Strategy for Inclusive Innovation to promote STEM participation and support underrepresented communities in inventorship and commercialization. [ more ]

Patently-O

Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Generative AI can flood patent systems with speculative prior art, prompting potential revisions in examination standards. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

Commerce Department Announces NIST and USPTO Action on AI

USPTO published an RFC on AI's impact on patent law, including PHOSITA concept and examination guidance.

The Department of Commerce announced actions on AI safety, security, and distinguishing human versus AI-produced content. [ more ]

Intellectual Property Law Blog

1 month ago

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

USPTO issued guidance on AI use in submissions to PTAB and TTAB.

USPTO emphasizes duty of candor and good faith in AI use. [ more ]

Theregister

2 months ago

OpenAI tries to trademark 'GPT'. US PTO says nope

USPTO rejected OpenAI's trademark request for 'GPT' as 'merely descriptive' and generic due to common use in the AI industry.

Google's AI chatbot Gemini retains conversations for three years even after the user deletes the app. [ more ]

ReadWrite

USPTO denies OpenAI's 'GPT' trademark request, citing descriptive nature

The USPTO has refused OpenAI's request to trademark the term 'GPT' because it is considered descriptive of the technology it represents.

The term 'GPT' stands for 'generative pre-trained transformer' and describes the functionality and architecture of OpenAI's AI models. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

USPTO AI Guidance Reiterates DABUS Decision

AI-assisted inventions are not categorically unpatentable, but inventorship analysis should focus on human contributions.

A single person using an AI system to create an invention must make a significant contribution to be considered a proper inventor. [ more ]

Global IP & Technology Law Blog

JavaScript

The USPTO Proposes Steep RCE Fees. Will Patent Prosecution and Appeal Strategies Change?

USPTO proposed substantial patent fee increases for continuing applications and RCEs, affecting patent prosecution strategies. [ more ]

Patently-O

1 month ago

Web design

The Design Law Treaty and the Struggle for International Harmonization of Industrial Design Protection

The Design Law Treaty (DLT) aims to streamline and align procedural requirements for obtaining industrial design rights across jurisdictions. [ more ]

Patently-O

Web design

Livestream of LKQ v. GM

The Federal Circuit is hearing oral arguments in the design patent case of LKQ Corporation v. GM Global Technology Operations LLC.

LKQ argues that the Federal Circuit's obviousness standard makes it too difficult to reject or cancel design patent claims. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

Vidal Clarifies Application of Existing USPTO Professional Conduct Rules to AI

The USPTO has released a guidance memorandum on the misuse of AI tools before the Boards, clarifying the application of existing rules to AI submissions.

The guidance document highlights the need to confirm the accuracy of AI tools and warns against simply assuming their accuracy.

Potential sanctions for failure to confirm the accuracy of AI submissions include striking offending papers, affecting their weight, terminating proceedings, disciplinary action, and even criminal liability. [ more ]

Patently-O

AI and Patent Attorney Misconduct

AI tools are being used to draft patent claims and increase productivity in the legal field.

The use of AI tools in patent office proceedings must still adhere to ethical duties, such as candor and misconduct rules. [ more ]

Nextgov.com

4 months ago

DevOps

How USPTO built a culture of trust in its automation efforts

The U.S. Patent and Trademark Office has proven successful in using automation to quickly remediate identified system glitches and potential security vulnerabilities, according to an agency official.

Above the Law

New Design Patent Bar Welcomes More Creative Lawyers To The IP World

The USPTO is introducing a new bar exam for design patent practitioners, allowing professionals with creative and artistic backgrounds to practice patent law.

Applicants for the design patent bar must have a degree in industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education.

The expansion of the admission criteria aims to encourage broader participation in patent law and keep up with evolving technology. [ more ]

Above the Law

New Design Patent Bar Welcomes More Creative Lawyers To The IP World

The USPTO is introducing a new bar exam for design patent practitioners, allowing professionals with creative and artistic backgrounds to practice patent law.

Applicants for the design patent bar must have a degree in industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education.

The expansion of the admission criteria aims to encourage broader participation in patent law and keep up with evolving technology. [ more ]

Above the Law

New Design Patent Bar Welcomes More Creative Lawyers To The IP World

The USPTO is introducing a new bar exam for design patent practitioners, allowing professionals with creative and artistic backgrounds to practice patent law.

Applicants for the design patent bar must have a degree in industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education.

The expansion of the admission criteria aims to encourage broader participation in patent law and keep up with evolving technology. [ more ]

Patently-O

Design Patent Bar Now Reality

The USPTO is establishing a separate design patent practitioner bar, allowing a wider audience to become patent practitioners.

The new rules introduce additional qualifications focused on visual arts credentials.

The design patent practitioner bar will be separate from the regular patent bar. [ more ]

Patently-O

Design Patent Bar Now Reality

The USPTO is establishing a separate design patent practitioner bar, allowing a wider audience to become patent practitioners.

The new rules introduce additional qualifications focused on visual arts credentials.

The design patent practitioner bar will be separate from the regular patent bar. [ more ]

Patently-O

Design Patent Bar Now Reality

The USPTO is establishing a separate design patent practitioner bar, allowing a wider audience to become patent practitioners.

The new rules introduce additional qualifications focused on visual arts credentials.

The design patent practitioner bar will be separate from the regular patent bar. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

Build a Consumer Base with Innovation; Protect Sales with Design Patents

The USPTO issued its one millionth design patent on September 26, 2023.

The Office has seen a 20% growth in design patent applications over the last five years. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

Build a Consumer Base with Innovation; Protect Sales with Design Patents

The USPTO issued its one millionth design patent on September 26, 2023.

The Office has seen a 20% growth in design patent applications over the last five years. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law