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
Mike Tyson once said “[e]veryone has a plan until they get punched in the face.” This quote describes the confidence that organizations may have in their existing trade secret plans, until they encounter some of the evolving complexities of trade secret protection in this era of the combination of remote work and artificial intelligence (AI).
As many will know, the Autonomous Vehicle Act 2024 (the “AV Act”) paved the way to legalising the use of autonomous vehicles on UK roads. However, before any autonomous vehicles can be used on the UK roads (other than under controlled trials), it is important to be aware that the AV Act does not, at
As artificial intelligence becomes increasingly integrated into business operations, IT contracts covering the provision of AI systems are evolving to include critical safeguards. One emerging concept is the AI circuit breaker, a contractual mechanism that provides for an intervention, or override, where an AI system exhibits undesirable or harmful behavior.
When contracting for AI, businesses
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
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
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
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
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
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.
