In Bloomberg BNA, Intellectual Property Litigator Examines Artificial Intelligence Patenting and Enforcement
Intellectual property litigation partner Leslie Spencer (Silicon Valley) co-authored a Dec. 22 article in Bloomberg BNA’s Patent, Trademark & Copyright Journal examining artificial intelligence (AI) patent eligibility, inventorship and enforcement.
The authors explain that the uniqueness of AI technology presents challenges for the protection of AI innovation. Although U.S. courts have provided some guideposts to navigate relevant patent law issues, few have addressed AI patents directly, and much uncertainty remains for protection and assertion of AI intellectual property. For, example, post-Alice decisions suggest that some AI software may be patent eligible on the ground that it improves the operation or performance of a computer, even then determining inventorship or infringement present difficulties.