Strategies for Using and Protecting Artificial Intelligence Related Innovations *

So-called critical and emerging technologies (CETs) are generally viewed as a subset of the advanced technologies that are potentially significant to national and economic security. The technologies that make up what is broadly considered to be critical and emerging technology are quite varied but the one particular subset of CETs that has captured the imagination of even casual observers is the field of innovation relating to Artificial Intelligence (AI) and Machine Learning (ML). Technologies such as AI and ML are exciting but are being limited by classical computer technologies. Enter quantum computing, which in conjunction with AI promises to bring about a computing revolution.

This panel will specifically focus on strategies for using and protecting AI and ML, and discuss the promise and future of quantum AI.

Panelists will discuss:

• What the state of patent eligibility law in the United States means for protecting advanced computing technologies?
• What are the best practices for claim strategy when seeking protection on AI and ML related innovation?
• Applying lessons from classical software patents to quantum computing software patents, such as how to draft quantum computing software patent applications to maximize patentability in light of similarities and differences between classical computing technology and quantum computing technology.
• Where patents should be sought and maintained, with an eye toward seeking protection in countries where there is an articulable business strategy?
• Weighing the rights granted against enforcement prospects to determine if there is a meaningful enforcement mechanism available to stop patent infringement, and if not what should innovators do?
• What should the increasing use of AI mean for how the USPTO and the courts assess the hypothetical standard of a person having ordinary skill in the art (PHOSITA)?
• Recent USPTO guidance on AI inventorship and use of AI tools in practice.

Materials

Uncovering Valuable AI Assets: A Strategic Guide for AI Companies and Patent Attorneys

Patent Landscape for Quantum Computing

The Goose, The Golden Eggs, and AI: Choosing When—and When Not—to Patent

Related USPTO Federal Register Notices:

• Impact of the Proliferation of Artificial Intelligence on Prior Art
• Guidance on Use of Artificial Intelligence-Based Tools
• Inventorship Guidance for AI-Assisted Inventions

Survey

https://www.surveymonkey.com/r/Strategies-for-Using-and-Protecting-AI-Related-Innovations