Under new leadership, the United States Patent and Trademark Office has recently adjusted its approach to patentability of artificial intelligence technologies in multiple meaningful respects.
Continue Reading Recalibrating AI Patent Strategy: What the USPTO Shift Means — and What it Doesn’t

Patent examiners have had access to AI-driven prior art searching since late 2022, but its use is expanding and is now even required in some technology groups (art units). Chief Information Officer of the USPTO, Jamie Holcombe, touted 30% of references result from using SimSearch.

SimSearch, the AI-based Similarity Search tool available through the USPTO’s…

The Federal Circuit’s March decision in In re Xencor, Inc., No. 24-1870 (Fed. Cir. Mar. 13, 2025) has altered the landscape for patent applicants using a Jepson claim format, creating new challenges that may warrant careful consideration.
Continue Reading Federal Circuit’s Xencor Decision: Considerations for Jepson Claims and Implications for 35 U.S.C. § 101 Analysis

After building for some time, the excitement surrounding the potential of quantum computing has recently gained momentum. Quantum computing attracted $1.2 billion from venture capitalists in 2023 even as overall investment in technology dropped. Given that quantum computing has yet to perform a real-world use case, why is investment in this area so strong?

A…

On April 11, 2024, the U.S. Patent and Trademark Office issued Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the U.S. Patent and Trademark Office (April Guidance). The April Guidance, which supplements prior guidance issued Feb. 13, 2024, seeks to remind practitioners of existing rules and to educate them on potential risks associated…

Following President Biden’s October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the USPTO issued Inventorship Guidance for AI-assisted Inventions. This GT Alert reviews the Guidance, which outlines the statutory framework and judicial interpretation of inventorship.

Click here to read the full GT Alert.

On April 28, 2020, the United States Patent and Trademark Office (USPTO) announced a new extension of certain submissions and fees under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This announcement supersedes the previously announced extensions of March 31, 2020, and the notice of March 16, 2020.

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On January 4, 2019, the United States Patent and Trademark Office (USPTO) released new Patent Examiner Guidance (Guidance) for subject matter eligibility. The updated guidance could benefit any technology patent applicant who has a computer-related invention — from smartphones to artificial intelligence — and who has previously had difficulty acquiring patents under the USPTOʼs procedures …

Everybody is talking about blockchain as a disrupter in the banking and finance industries, but this emerging technology also has potential application for intellectual property (IP) protection. Blockchain creates the potential for an “open, distributed ledger” that permits the secure transfer and recordation of information and data, including digital assets, without the need for middlemen. Once recorded, the data in any given “block” cannot be changed retroactively, except in certain circumstances involving the modification of all subsequent blocks and the consent of a network majority. These features make blockchain interesting for digital currencies. Additionally, blockchain presents other benefits for trademark, copyright and patent protection, as well as IP licensing. Below are a few uses that are currently being explored.
Continue Reading Could Blockchain Disrupt How We Protect Our Intellectual Property?