ARTICLE
4 September 2019

AI Patent Policy – Calling All Technology Practitioners

MF
Morrison & Foerster LLP

Contributor

Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
Artificial intelligence (AI) has become one of the most disruptive technologies of our era.
United States Intellectual Property

Artificial intelligence (AI) has become one of the most disruptive technologies of our era. For many technology companies and startups, AI constitutes the core of their prized products, from autonomous vehicles to pick-and-place robots to voice assistants. With the rapid development of AI comes a unique set of challenges to protect it via the patent system in the United States. Fortunately, the U.S. Patent and Trademark Office (USPTO) is working diligently to provide guidelines for patent practitioners to make the path to patentability less uncertain. On August 27, the USPTO published a Notice in the Federal Register requesting information from the public on AI patent-related issues, including feedback on questions pertaining to the intersection of AI and patent law.

The AI academic and industrial community is likely to have many unique perspectives on these and other questions as the application of AI spans numerous technology sectors. Input from all technology sectors, as well as the patent practitioners representing these sectors, is certain to aid the USPTO in developing guidance that will provide a more predictable path to navigate patenting of AI technologies.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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