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
Intellectual Property
Commercial Agents Regulations: Here to Stay
By Paul Jinks
In October 2024 we reported on the case of Kompakwerk GmbH v Liveperson Netherlands B.V. [CL-2018-000802] which concerned the question of whether an agent selling access to end users in Great Britain to a third-party software as a service (SaaS) product should be considered an agent for the purposes of the Commercial Agents (Council Directive) Regulations…
The Intellectual Property Enterprise Court
By Carlton Daniel & Paul Jinks
In the UK, intellectual property (IP) infringement claims and other disputes in which IP is a major concern can be brought in either the High Court or in many cases the specialist Intellectual Property Enterprise Court (IPEC). Based at the Rolls Building in central London, the IPEC has a more streamlined procedure than the High…
Clock is Ticking for Responses to UK Government Consultation on Copyright and Artificial Intelligence
The authors wish to thank Sumaiyah Razzaq for her contributions to this post.
Ever since the emergence of generative AI, a major concern for all participants has been the extent to which copyright works can and should be used in training AI models.
The application of UK copyright law for this purpose is disputed, leading…
Court: Training AI Model Based on Copyrighted Data Is Not Fair Use as a Matter of Law
By Joe Meckes & Joseph Grasser
In what may turn out to be an influential decision, Judge Stephanos Bibas ruled as a matter of law in Thomson Reuters v. Ross Intelligence that creating short summaries of law to train Ross Intelligence’s artificial intelligence legal research application not only infringes Thomson Reuters’ copyrights as a matter of law but that the copying…
Breaking News from Germany! Hamburg District Court breaks new ground with judgment on the use of copyrighted material as AI training data
In an eagerly anticipated judgment dated 27 September 2024 (case number 310 O 227/23) the Hamburg District Court dismissed the complaint by photographer Robert Kneschke asserting claims for copyright infringement against non-profit Large-scale Artificial Intelligence Open Network (LAION) based on the use of his photograph in a data set for training AI image generators. Mr.…
Artificial Intelligence and Intellectual Property Legal Frameworks in the Asia-Pacific Region
Globally, governments are grappling with the emergence of artificial intelligence (“AI”). AI technologies introduce exciting new opportunities but also bring challenges for regulators and companies across all industries. In the Asia-Pacific (“APAC”) region, there is no exception. APAC governments are adapting to AI and finding ways to encourage and regulate AI development through existing intellectual…
Like a Tree Falling that No One Hears: AI-generated Disclosures Have the Potential to Block Patentability of Human Ingenuity
The U.S. Patent and Trademark Office continues to seek stakeholder input on AI-generated disclosures and patentability. Earlier this year, USPTO issued a public Request for Comment on the impact of artificial intelligence on prior art, the known understanding of a person of ordinary skill and how this effects patentability, specifically novelty and obviousness of a…
Great Expectations! New EU Design Law to Come into Force Soon
For many years, it has been possible to obtain registered IP protection for the designs of products that have visual appeal in the Member States of the EU. Separately, this is also the case in the UK. The resulting registered industrial design rights have become a valuable and powerful legal tool in every company’s IP…
Intelligent AI Guidance from the USPTO Identifies Potential Perils
Much like word processing with spell check and other now commonplace digital tools were once only the stuff of science fiction, artificial intelligence (AI) is quickly becoming widespread in knowledge work including law practice. IP law is no exception. The use of AI in IP law practice has practical benefits, including the potential for enhanced…