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Getting AI Patents Allowed – Part 1 & 2 (Replay)

May 20 @ 12:00 pm - 2:30 pm EDT

Free

If you were unable to join us in person at IPWatchdog Studios for Artificial Intelligence Masters™ 2024, a part of the IPWatchdog Masters™ series, register now to watch the broadcast of the following two panels:

  • Getting AI Patents Allowed: Supporting and Enabling AI Applications to Survive 101 and 112
  • Getting AI Patents Allowed: Strategies for Prosecuting AI Patents at the USPTO

Both panels were recorded on March 6, 2024.

Getting AI Patents Allowed: Supporting and Enabling AI Applications to Survive 101 and 112

This segment will be part 1 of a larger conversation on “Getting AI Patents Allowed”.

Since Alice v. CLS Bank, the high likelihood of an AI invention being found to be directed to an abstract idea has created the worrisome possibility that an entire field capable of generating worlds of foundational technology may be patent ineligible. Indeed, it is hard to fathom a world where things like the Star Trek computer, with its endless knowledge base and control capabilities, could be patent ineligible, but for many inventors that is the reality faced. This is because the very thing that makes AI so useful is its abstract nature, which often defies concrete characterization. While the patent community waits for relief, which could come from the Patent Eligibility Restoration Act (PERA).

This panel will discuss practical tips and suggestions, and in particular discuss:

(1) What can practitioners do in terms of disclosure and claiming in order to survive 35 U.S.C. 101 and 35 U.S.C. 112?

(2) What does the Supreme Court’s decision in Amgen mean for AI patents and patent applications?

(3) What key points should AI practitioners take from the USPTO’s recent 112 Guidance?

(4) Is the USPTO’s 101 Guidance sill relevant, and if so which examples are still probative? Why? For what types of AI?

(5) How the landscape could change if PERA were to become the law.

Getting AI Patents Allowed: Strategies for Prosecuting AI Patents at the USPTO

This panel will pick up where our previous panel left off. Once the invention has been described in a patent application such that it has the best chance to be determined to be patent eligible, adequately described and both new and non-obvious, how are AI patent practitioners finding success at achieving allowance through prosecution?

This panel will discuss:

(1) Using Patent Cooperation Treaty (PCT) to get a preliminary search on AI to see the overall patent landscape.

(2) Using PCT filings in conjunction with the Patent Prosecution Highway (PPH).

(3) Whether applicants should use the PCT for AI patent applications in the first place.

(4) What factors influence prosecution strategy with respect to various AI innovations and different Art Units assigned to examine the applications?

Details

Date:
May 20
Time:
12:00 pm - 2:30 pm EDT
Cost:
Free
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