Protecting Artificial Intelligence-Related Inventions: Patent Eligibility, Written Description, Obviousness
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on protecting AI-related inventions. The panel will discuss the risks and opportunities of AI-derived innovations. The panel will discuss recent court decisions addressing AI and inventorship and examine the patenting process related to AI. The panel will offer best practices for preparing and prosecuting AI-related inventions in the U.S. and Europe.
Outline
- Components of an AI-related invention
- Risks and opportunities
- Claim strategies
- Subject matter eligibility
- Sufficiency of disclosure, including written description and enablement
- Obviousness
- Drafting techniques to meet patent eligibility and disclosure requirements
Benefits
The panel will review these and other relevant issues:
- What challenges do patent practitioners face when seeking to protect AI-related inventions?
- What steps should patent counsel take to meet subject matter eligibility and disclosure requirements in AI-related patent applications?
Faculty
David K. Kincaid
Partner and Co-Chair, Artificial Intelligence Practice Group
Cantor Colburn
Mr. Kincaid's practice concentrates on assisting clients in solving intellectual property problems and protecting... | Read More
Mr. Kincaid's practice concentrates on assisting clients in solving intellectual property problems and protecting their investments in product development. He assists clients in developing domestic and foreign patent preparation and prosecution strategies with a focus on electrical and computer-related technologies. Mr. Kincaid has significant experience protecting inventions related to or incorporating artificial intelligence (AI), augmented reality (AR), virtual reality (VR), cloud computing, and other emerging technologies. For example, he has prepared and prosecuted applications about: artificial neural network architectures and algorithms for image processing, natural language processing, and the like across various industries; reinforcement learning for autonomous driving; AR for 3D data visualization; VR user feedback systems; and cloud architecture and infrastructure management systems. Mr. Kincaid is engaged in thought leadership in the AI technology space being active in the Intellectual Property Owners Association committees on Software Related Inventions and AI & New Emerging Technologies.
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Alexander Korenberg
Partner
Kilburn & Strode
Mr. Korenberg “builds futureproofed patent strategies in cutting-edge areas such as AI, virtual and... | Read More
Mr. Korenberg “builds futureproofed patent strategies in cutting-edge areas such as AI, virtual and augmented reality, and cloud services” (IAM Patent 1000, 2021). He leads the firm’s AI practice. He specializes in "implementing truly transformative patent strategies across a range of fields, from artificial intelligence to cloud services" (IAM 1000, 2019) and has been called a “star choice” and “whip-smart” (IAM 1000, 2018). Clients have described him as an "exceptional attorney who we trust to handle our IP matters" (Chambers and Partners, 2014) and he is appreciated for his "in-depth understanding of clients' portfolios and true technical expertise" (IAM Patent 1000, 2016) and "excellent business-oriented advice that is tailored to the size and strategy of the business" (MIP IP Stars, 2017). Fluent in German and French, it has been said that he is "the perfect partner for clients seeking pan-European protection" (IAM Patent 1000, 2017).
He has particular expertise in Artificial Intelligence (AI) and Machine Learning (ML), having worked at the Gatsby Computational Neuroscience Unit, a center of excellence for computational and theoretical neuroscience and statistical machine learning. With interdisciplinary research work not only in neuroscience but also in protein crystallography and molecular modelling, he is also the ideal partner for bioinformatics work. Recently, he has worked on the application of novel machine learning techniques to big data problems in health care. He counsels his clients "on the full range of contentious and non-contentious patent issues" (Chambers And Partners, 2013).
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