Artificial Intelligence (AI)

Artificial intelligence (AI) refers to intelligence exhibited by machines and specifically, the field of computer science focused on creating systems that can perform tasks that typically require human intelligence.

HRFM attorneys have drafted and prosecuted patent applications directed to innovations in AI technologies that include and/or are applied in the following (not an exhaustive list):

• cloud resource optimization
• cloud hosting orchestration
• automated software debugging
• data integrity
• database management and query optimization
• systems emulation
• virtual and augmented reality
• robotic systems automation
• cybersecurity and malware detection
• chatbot implementation and optimization
• large language model implementation and (LLM) optimization
• training and implementation of generative AI models
• medical diagnostics and treatment definitions; and
• industrial process optimization

HRFM understands that AI-related inventions face heightened scrutiny in the patent prosecution process, particularly relating to §101 subject matter eligibility, §112 enablement, and §112 written description. Our AI practitioners possess strategies that are effective in overcoming these challenges to benefit our clients. In fact, HRFM is regularly featured in rankings of US patent law firms in software related arts. Example such rankings include Juristat Top Patent Firms in TC 2100 | 2021 Rankings, Juristat Top Firms in Tech Center 2100 | Computer Architecture Software and Information Security, and Juristat Best Firms at Overcoming Alice Rejections

HRFM attorneys are closely following how the level of AI involvement may impact the proper designation of inventor in the changing landscape.  The Federal Circuit has held that ‘inventors’ must be human beings.” But the US Patent and Trademark Office has maintained that “a natural person who merely recognizes and appreciates the output of an AI system as an invention, particularly when the properties and utility of the output are apparent to those of ordinary skill, is not necessarily an inventor.” Thaler v. Vidal, 43 F.4^th 1207, 1210 (Fed. Cir. 2022); Federal Register, Vol. 89, No. 30, February 13, 2024.

HRFM attorneys have employed multi-faceted strategies for overcoming eligibility rejections in hundreds of patent applications.  These strategies involve an expert understating of recitations that may be regarded to be improvements in technology under US law, as well as extensive knowledge of US Patent Office requirements for presentment of a proper eligibility rejection. HRFM attorneys also remain informed about AI impacts on foreign filings to advise clients on filing strategies and to draft applications with an eye toward foreign counter-parting.  During the patent drafting process, HRFM will work with clients to flesh out portions of the disclosure which can later be referenced to advocate for patentability.

HRFM’s AI practice group also assists authors in procuring copyright protection in AI-assisted works. The US Copyright Office.  In this constantly evolving area of the law, HRFM attorneys are closely following how the level of AI involvement influences what elements of an AI-influenced work are copyrightable.