Agentic AI is transforming artificial intelligence by enabling systems to act independently, making decisions and solving problems autonomously across various industries. Its potential rapid development poses unique challenges for intellectual property protection, requiring innovative strategies to ensure these advancements are effectively safeguarded within the evolving IP landscape.
Introduction
Last year, we explored how Multimodal AI
PatentNext Summary: Generative Artificial Intelligence (GenAI) patent application filings continue to rise at the U.S. Patent and Trademark Office (USPTO), with a significant concentration in Tech Center 2100, which focuses on computer architecture and software, particularly AI and simulation technologies. GenAI inventions commonly face Section 103 (obviousness) and Section 101 (subject matter eligibility) rejections, with
PatentNext Takeaway: When deciding whether to patent AI-based inventions or maintain them as trade secrets, key considerations include the extent of public disclosure and the detectability of the AI model. Deploying an AI model in consumer-facing devices or making its output public often supports patenting to secure exclusivity. On the other hand, low detectability and
This article is co-authored by Phelan Simpkins, counsel for State Farm who oversees emerging technology licenses, among other key areas for the company. Phelan is speaking in his individual capacity. The views expressed herein do not necessarily reflect the view and position of State Farm.
PatentNext Takeaway: This post discusses the issues of divided infringement
To offer expert testimony from the perspective of a skilled artisan in a patent case—like for claim construction, validity, or infringement—a witness must at least have ordinary skill in the art. Our precedent is clear—nothing more is required.
In Osseo Imaging, LLC v. Planmeca USA, Inc., the Federal Circuit addressed the qualifications necessary to
In ParkerVision, Inc. v. Qualcomm Inc., No. 2022-1755, -2221 (Fed. Cir. Sept. 6, 2024) (“ParkerVision III”), the Federal Circuit held that, due to the difference in burdens of proof in PTAB IPR proceedings and in district court cases, collateral estoppel cannot be applied in a district court case based on findings made by the
In Voice Tech Corp v. Unified Patents, LLC, the Federal Circuit affirmed the PTAB’s IPR decision that the challenged claims of Voice Tech’s patent were unpatentable for obviousness, determining that the PTAB’s findings were supported by substantial evidence. At issue were claims 1-8 of U.S. Patent No. 10,491, 679, which relates to use of
PatentNext Takeaway: This post highlights the FDA’s increasing regulatory efforts for artificial intelligence (AI) and machine learning (ML)-enabled medical devices (MLMDs), with a focus on managing device AI/ML updates through Predetermined Change Control Plans (PCCPs). The FDA emphasizes five guiding principles for PCCPs to ensure safety, risk management, and transparency for MLMDs throughout their lifecycle.
PatentNext Takeaway: WIPO published a Patent Landscape Report on GenAI. The Patent Landscape Report discusses trends in GenAI, including trends in: GenAI scientific publications, GenAI patents, GenAI models, types of data used in GenAI, and GenAI application areas.
In Virtek Vision Int’l. ULC v. Assembly Guidance Systems, Inc. the Federal Circuit reversed in part the PTAB’s final written decision in an IPR petition filed by Assembly Guidance, on the basis that the petition failed to identify a motivation to combine elements present in the prior art, stating that: “A reason for combining must
