Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Artificial Intelligence
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By Manav Das — The landscape of patent law for artificial intelligence (AI) and machine learning (ML) innovations has become fraught with uncertainty. The U.S. Court of Appeals for the Federal Circuit's precedential opinion in Recentive Analytics, Inc. v. Fox Corp.[1], issued on April 18, 2025, represents a watershed moment for the starkness with which…
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By Michael Borella — Love it or hate it, artificial intelligence (AI) has ushered the world to an inflection point. The power of large language models (LLMs) is changing the structure of labor markets, education, informational gatekeeping, and governance. It is still unclear whether these changes will lead to a utopian scenario in which all…
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By Joshua Rich — In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to dismiss almost all of the claims asserted against them. Those claims include copyright infringement, violations of the…
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By Joshua Rich — Following in the footsteps of the U.S. Patent and Trademark Office[1] and the state bars of California,[2] Florida,[3] New Jersey,[4] New York,[5] and Pennsylvania,[6] the American Bar Association has weighed in on attorney's ethical use of Generative AI (GAI) tools with a formal ethics opinion entitled "Generative Artificial Intelligence Tools."[7] The…
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By Michael Borella — As required by President Biden's Executive Order 14110 ("Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence"), the U.S. Patent and Trademark Office has published an update to its subject matter eligibility guidance for examiners regarding inventions employing artificial intelligence (AI). As this is the first update to the USPTO's…
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By Michael Borella — This Internet has gone through many revolutions, technical and otherwise. Each time it has emerged stronger and more robust than before. One can trace the origins of the Internet to the connection of four computers in 1969. The advent of email a few years later, the standardization of TCP/IP as its…
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By Michael Borella and Joshua Rich — It seems like every week brings a new dispute over artificial intelligence (AI), mostly focused around new features and uses of generative AI. Last week was no exception, with OpenAI unveiling human-like voices soon being available in its GPT-4o multimodal language model. In what would turn out to…
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By Michael Borella and Yuri Levin-Schwartz* — The recent rise in generative artificial intelligence (AI) models has granted powerful tools to the public that enable the creation of realistic, yet fake, images, sounds, and videos. Though more than six months remain until the U.S. general election in November, these tools have already been used to…
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By Andrew Velzen — On January 19, 2024, Palworld launched into early access on Xbox and Windows. To say it was an overnight success is an understatement. By only a month in, Palworld had been played by over 25 million players.[1] To put this in perspective, monumental success stories like The Legend of Zelda: Tears…
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By Joshua Rich and Michael Borella — Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of practitioners' use of AI in patent and trademark practice. On April 11, the Office issued its…
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