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Global IP & Technology Law

New Inventorship Guidance on AI-Assisted Inventions: AI Can’t Be an Inventor, But AI Can Be a Tool in the Inventive Process (For Now…)

As readers may recall, in February 2024, the USPTO issued guidance on inventorship in AI-assisted inventions, which we wrote about here. On November 26, 2025, the USPTO rescinded that guidance and replaced it with new guidance. By way of background, the February 2024 Guidance analyzed the naming of inventors for AI-assisted inventions using the Pannu...... Continue Reading

December 2025 | Blog

Global IP & Technology Law

Patent Office Memo to Examiners Gives Insight For Patenting Software Inventions

On August 4, the Deputy Commissioner of Patents issued a memorandum to Examiners on evaluation of claims in software-implemented inventions for subject matter eligibility under Section 101. While the memorandum does not fundamentally change the USPTO’s guidance published in the MPEP, the memorandum does provide useful clues as to how the USPTO and the Examining...... Continue Reading

August 2025 | Blog

Global IP & Technology Law

Artificial Intelligence and Our Continuing Journeys in Alice’s Wonderland: Practice Points from Recentive Analytics, Inc. v. Fox Corp.

If you’re a patent practitioner who works with innovation related to artificial intelligence, you’ll want to consider the Federal Circuit’s recent decision in Recentive Analytics, Inc. v. Fox. Corp. This decision is the first to explicitly consider patent eligibility in the context of the use of artificial intelligence. The Federal Circuit affirmed the district court’s...... Continue Reading

April 2025 | Blog

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