AI Systems and Drafting Patents: Enablement and Inventorship

Overcoming Patent Eligibility, Inventorship, and Enablement Challenges and Avoiding Rejections

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Thursday, April 22, 2021

Recorded event now available

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Course Materials

This CLE course will guide patent practitioners on overcoming the challenges, including patent eligibility and enablement, when seeking patent protection for artificial intelligence (AI) systems. The panel will also discuss what can be done to anticipate and minimize the risks of Section 101 or Section 112 rejections.

Description

Tesla's self-driving and self-parking cars, digital assistants such as Apple's Siri, Gmail's email filters and smart replies, social media streams, smart home devices, Netflix, and Spotify; these are all examples of technology that is used daily and through which AI systems are impacting our everyday life and decision making. AI systems present challenges for patent practitioners seeking patent protection.

What is patent eligible in the context of AI is not always clear. AI system inventions should be eligible for protection. Still, for patent eligibility purposes, such inventions must be described and claimed correctly given the current state of the law.

One hurdle for patent counsel is determining inventorship and who would hold the patent rights. Who invents something that is constructed in part by humans and in part by the system learning? Counsel may also face challenges when seeking to comply with the enablement requirement under Section 112. Structural claim limitations may be used to strengthen patents for AI systems and would benefit applicants by producing valid and enforceable patents.

Listen as our authoritative panel of patent attorneys examines the challenges under Sections 101 and 112 and what patent counsel can do to overcome those challenges. The panel will also discuss anticipating and avoiding Section 101 or Section 112 rejections.

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Outline

  1. Challenges in drafting patents for AI systems under Sections 101 and 112
  2. What patent counsel can do to overcome those challenges
  3. Anticipating and avoiding Section 101 or Section 112 rejections

Benefits

The panel will review these and other key issues:

  • What hurdles must patent counsel overcome to demonstrate inventorship with AI systems?
  • How can patent counsel meet the requirements under Sections 101 and 112 in AI systems patent applications?
  • What steps should patent counsel take to minimize the likelihood of Section 101 or Section 112 rejections?

Faculty

Blikshteyn, Dina
Dina Blikshteyn

Counsel
Haynes and Boone

Ms. Blikshteyn is a Co-Chair of the firm’s Artificial Intelligence Practice. Her practice is focused on post...  |  Read More

Kukkonen, Carl
Carl A. Kukkonen, III

Partner
Jones Day

Mr. Kukkonen has more than 20 years of experience in strategic intellectual property counseling, technology...  |  Read More

Mammen, Christian
Dr. Christian E. Mammen

Partner
Womble Bond Dickinson

Dr. Mammen has more than 20 years of experience guiding Silicon Valley and global tech and life sciences clients in...  |  Read More

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