Publications

Apr 13, 2020

By: Stephen P. Scuderi The World Intellectual Property Organization’s recent publication title: “WIPO Technology Trends 2019-Artificial Intelligence” defines artificial intelligence (“AI”) systems primarily as: “learning systems; that is machines that can become better at a task typically performed by humans with limited or no human intervention.” Inadvertently though, the ability of AI systems to perform…

Feb 20, 2020

By Lloyd J. Wilson There are unlimited examples of how businesses, organizations, and other entities are incentivized to use artificial intelligence (AI) technology to improve operations and performance. Thus, it is expected that, like any other entity, the United States Patent and Trademark Office (USPTO) would also be interested in using AI to improve its…

Feb 06, 2020

By Aleksandar Nikolic In KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007), the Supreme Court indicated that general knowledge of a person having skill in the art may be used as part of an obviousness analysis. However, courts have been reluctant to apply “general knowledge” or “common sense” to an obviousness analysis because…

Jan 14, 2020

By Wayne F. Reinke In this update to my prior articles on the state of patentable subject matter in the wake of the Supreme Court Alice decision, CAFC decisions in 2019 identified as precedential and involving abstract ideas (computer-related inventions) are considered. The two-part Alice test for patentable subject matter starts by determining whether the…

Dec 17, 2019

By Stephen P. Scuderi Any person or organization that has accepted government funds for research and development has been touched by the Bayh-Dole Act. Bayh-Dole addresses the rights to inventions made in the performance of federally funded agreements and is implemented by title 37 of the Code of Federal Regulations parts 401 and 404 (37 CRF…

Nov 25, 2019

By Aleksandar Nikolic The United States Patent and Trademark Office (USPTO) and the courts have had difficulty determining whether computer, software and diagnostic method inventions qualify as patentable subject matter. Now, the Court of Appeals for the Federal Circuit (“CAFC”) has expanded the subject matter confusion to include claims in the electrical and mechanical arts….

Oct 17, 2019

By Lloyd J. Wilson The idea that machines, rather than humans, could invent something on their own is a concept that was once thought to be a futuristic fantasy. However, the U.S. patent office is now being confronted with patent applications listing an artificial intelligence (AI) system as the inventor. Existing U.S. patent laws seem…

Sep 25, 2019

By Stephen P. Scuderi This article will present an overview of some of the issues pertaining to the disposition of patent rights to inventions made under a government R&D contract. As will be seen, without careful adherence to the statutes and regulations governing such patent rights, it is possible for a contractor to unintentionally lose…