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International Patent Office Guidance on Artificial Intelligence Inventions

Stephen Hou, VP & COO of American Patent Agency and long-time customer of Solve Intelligence™, explores the impact of artificial intelligence on patent law, focusing on new regulations for AI patent drafting and AI inventorship across major global patent offices. Stephen describes how jurisdictions in the IP5 (China, Europe, Japan, Korea, and the United States) are updating their guidelines to address the challenges of AI in the patent process, specifically stating that AI cannot be an inventor but highlighting its role in aiding human-driven patentable innovations. This highlights the growing role of artificial intelligence in patent law.

SSRN article: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4843648

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Solve Intelligence Joins Intel Ignite

Intel® Ignite announce that Solve Intelligence™ is among the 2024 Intel Ignite companies.

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USPTO’s Guidance on the Use of Artificial Intelligence

As Artificial Intelligence (AI) and large language models (LLMs) increasingly integrate into legal practices, the U.S. Patent and Trademark Office (USPTO) issued new guidance to assist patent attorneys and the public with its adoption, including the adoption of patent software and AI tools in assisting intellectual property attorneys with the patent drafting process, patent prosecution, and other areas of patent law.

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Solve Intelligence raises $3M

Who invested in us. Where we’re going.

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Insights from the 2023 Robot Patent Drafting Conference: The Future of AI in Patent Law

Key insights from the 2023 Robot Patent Drafting Conference emphasize the importance of confidentiality in AI integration, the necessity for adaptable AI approaches, and acknowledge a notable 5x efficiency increase over the last 18 months, indicating a pragmatic shift in AI-driven patent law.

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Analyzing and Enhancing Invention Disclosures with AI

Solve Intelligence introduces an AI-enhanced document editor that streamlines patent drafting by filling in invention disclosure gaps and preempting competitor workarounds, ensuring comprehensive and robust patent applications.

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Prepare Responses to USPTO Office Actions Using Generative AI Tools

In the ever-evolving world of patent prosecution, the role of technology cannot be overstated. As intellectual property (IP) landscapes become more complex and competitive, the need for precision, efficiency, and adaptability in handling USPTO Office actions grows increasingly vital. The introduction of generative AI tools into this arena represents a significant leap forward, offering patent professionals a powerful means to navigate the intricacies of patent law. This article delves into how generative AI is revolutionizing the preparation of responses to USPTO Office actions, outlining its practical applications, the benefits it brings, and why its adoption is becoming essential for modern patent prosecution.

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Generative AI and Intellectual Property: Top Use Cases

The rapid development of artificial intelligence (AI) has sparked a myriad of debates across various industries, but perhaps none are more complex and contentious than those surrounding generative AI and intellectual property. As AI technology continues to evolve at an unprecedented pace, its implications for the world of intellectual property (IP) are profound and multifaceted. From the challenges of copyrighting AI-generated works to the nuances of patent law, this article explores the intricate relationship between generative AI and IP, highlighting key use cases and discussing the benefits of AI tools for legal teams.

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Patent Claim Drafting Strategies: A Comprehensive Guide

Patent claim drafting is a critical skill in the field of intellectual property law. It involves crafting precise and detailed listings of an invention's unique aspects, which are then used to define the scope of legal protection. The quality of these claims can determine the strength and value of a patent, impacting its ability to withstand legal challenges and enforce exclusivity. In this comprehensive guide, we will explore the key strategies for effective patent claim drafting, delve into common mistakes that can undermine a patent's effectiveness, and examine how artificial intelligence (AI) is transforming this complex process.

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AI in Patent Drafting: Should You Use ChatGPT?

The integration of artificial intelligence (AI) in various professional fields is becoming increasingly prevalent, and patent drafting is no exception. The process of drafting a patent application can be intricate and time-consuming, requiring precision, legal knowledge, and technical expertise. As AI continues to evolve, it presents new opportunities and challenges in the realm of patent drafting. This article explores the role of AI in patent drafting, how it is transforming the process, and the specific limitations of using ChatGPT for this purpose.

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Patent Proofreading: Leveraging AI for Precision and Efficiency

In the ever-evolving world of intellectual property, ensuring the accuracy and precision of patent documents is crucial. Patent proofreading, a meticulous and essential step in the patent application process, has traditionally been a time-consuming and error-prone task. However, with the advent of AI technology, patent proofreading has undergone a significant transformation, offering enhanced efficiency and accuracy.

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AI Patent Analysis: Benefits, Challenges, and Best Practices

How Scale LLP Increases Patent Drafting Efficiency by 40-60%

Boosting patent drafting efficiency by 40-60%, Scale LLP uses Patent Copilot™ to enhance quality, streamline workflows, and more.

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EPO Practice Update: Disclosure Requirements for AI Patent Applications

Earlier this year, the EPO introduced new guidelines for examination relating to inventions concerning artificial intelligence (See G-II-3.3.1). The last paragraph of these guidelines suggest that applications to AI-related inventions may require specific disclosure surrounding any algorithms used by an AI invention, as well as any training data used to train the AI, where such training data is required to achieve the technical effect of the invention. 

A change in the Guidelines usually reflects a change in thinking or application of the law by the EPO. Indeed, it’s always interesting to see how such changes are actually implemented in practice.  

The recently issued decision T1669/21 of the EPO Board of Appeal provides useful insight into exactly what sorts of specific disclosure may be required to satisfy the sufficiency requirements for patent applications relating to AI inventions. 

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Inventive Step at the EPO - Back to Reality

A recent T-decision of the Boards of Appeal (T 1741/22) has provided an interesting deviation in how the EPO assesses the requirement of inventive step, from both a previous decision (T 2681/16) and the EPO Guidelines for Examination.

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Patent Drafting with AI: An EU AI Act Perspective

Artificial intelligence (AI) is already having a substantial impact in the practice of Intellectual Property (IP) Law, with platforms such as Solve Intelligence's Patent Copilot assisting attorneys in drafting and prosecuting patent applications. These AI platforms can help patent attorneys realise efficiency gains and help to provide high-quality patents. 

Until earlier this year, the use of AI was largely unregulated across the world. Now, the picture has somewhat changed, with different countries implementing different strategies when it comes to regulating AI, to promote safety but also to remain competitive. Earlier this year, the Artificial Intelligence Act entered into force in the EU, becoming the world's first comprehensive regulation for AI. In this article we have a look at the obligations that the EU AI Act puts on AI technology providers, such as providers of AI patent drafting and prosecution tools.

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Patent Drafting at the EPO - AI-related Inventions

In recent years, there has been a substantial increase in the filing of patent applications relating to AI-inventions at the EPO. In response to this, the EPO has started and continues to develop a framework for assessing the eligibility and patentability of AI inventions, with the introduction of new guidelines and evolving case law. This article outlines key considerations, common pitfalls, and best practices for drafting patent applications directed to AI inventions at the EPO.

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Ethical Considerations of Using AI Tools for U.S. Lawyers

The rapid rise of generative artificial intelligence (AI) is reshaping numerous industries, including the legal profession. For U.S. lawyers, AI tools offer tremendous potential to improve efficiency, accuracy, and speed in completing routine and complex tasks alike. However, alongside the benefits of these powerful tools come ethical considerations. This article explores these ethical challenges in detail, particularly in light of the American Bar Association’s (ABA) recent Formal Opinion 512, which provides guidance for the ethical use of generative AI in legal practice.

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UK Innovation at a Crossroads: Bridging the Global Patent Gap

As global innovation accelerates, the United Kingdom finds itself at a critical juncture. Despite ranking among the top nations in the world for innovation, UK businesses, particularly SMEs, are falling behind in securing international patent protection. A recent report from The Chartered Institute of Patent Attorneys (CIPA) reveals a concerning trend: while global patent filings hit record numbers, British companies are struggling to keep pace, risking their competitive edge in key international markets. In an increasingly interconnected world, securing international patents is not just a strategic advantage - it's a necessity for financial growth, enabling companies to maximise the commercial potential of their innovations on a global scale.

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