Grace McFee

Feb 1, 2024 | lawjournalnewsletters.com | Mark Liang |Paige Hardy |Grace McFee

Artificial IntelligenceIntellectual PropertyPatent Licensing and TransactionsPatent LitigationPart Two of a Two-Part articleWhile the last decade has seen a dramatic increase in the number of AI patents, such patents face difficulty in overcoming the patent-eligibility challenges under §101 and Alice. Section 101, however, is not the only hurdles AI patents must overcome. Section 112, with its written description, enablement, and definiteness requirements, presents additional obstacles.

Jan 16, 2024 | law.com | Grace McFee

In 2019, David Kappos, the former Director of the USPTO, testified to the Senate Subcommittee on Intellectual Property that “current patent eligibility law is truly a mess.” He also noted that the law surrounding section “101 is having a significant negative impact on artificial intelligence patent applications.” Today, with AI making headlines almost daily, these issues take on even greater urgency.

Dec 31, 2023 | lawjournalnewsletters.com | Grace McFee

Artificial IntelligenceIntellectual PropertyPatent Licensing and TransactionsPatent LitigationPart One of a Two-Part ArticleUnder the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.