Broadcast Date: Tuesday, November 22, 2022
from 12:00 pm to 2:00 pm (ET)

Overview:

Today, the proliferation of machine learning (ML) and artificial intelligence (AI) is significantly changing the business landscape.  Businesses across all industries have been utilizing ML/AI applications in their day-to-day business operations. As a result, ML/AI are becoming indispensable in keeping a competitive advantage.

However, along with these advantages are issues and debates on whether these software-based inventions are eligible for patent protection. While the number of AI patent application filings has continued its increasing trend, patent-eligibility rejections are also notable. This can pose significant challenges to ML/AI owners.

Listen as The Knowledge Group presents a panel of key thought leaders as they discuss the most significant issues in the ML/AI and software patent space. The distinguished speakers will also share insights and strategic practices to successfully navigate through the complexities and pitfalls in the patent landscape.

Key topics that will be covered in this discussion are:

  • Recent AI Advances: How Are They Automating the Inventive Process?
  • Patent Applications: Current Status of Filing and Obtaining Patents on AI-enabled Inventions
  • Anatomy of an AI Innovation: Patentable Aspects in Europe and Why Context (may be) King
  • Recent Legal Developments: the US and Europe
  • Evaluating AI-enabled Inventions for Patentability
  • Drafting AI Patents for Maximum Protection
  • Drafting & Prosecuting AI Patents: Avoiding Common Pitfalls

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of patent laws

 

Course Code:

1410380

 

NY Category of CLE Credit:

Law Practice Management

 

Total Credits:

2.0 CLE

Speaker Panel:

Simon Binnie, Partner
Highly Experienced in the Fields of Software Patentability and Algorithm Design

Boult Wade Tennant LLP

Simon is a Partner in the Boult Wade Tenant‘s AI group who has witnessed the AI revolution up-close, as inventors have embraced the power of AI/ML techniques.

His practice spans many application fields, from cryptography and telecoms, through bioinformatics and genetic genealogy, via scientific instruments and computer hardware – all linked by the ubiquity of AI/ML at the cutting-edge of innovation.

As a former computational physicist Simon is fascinated to be able to peek inside the ML models underpinning ML innovation (some of which borrow techniques from his former field) and grapple with the myriad legal issues ML innovation can encounter.

Robert Plotkin, Software Patent Lawyer & Founding Partner
25+ Years of Specializing in Software Patents

Blueshift IP

Robert Plotkin is an MIT-educated patent attorney who has been specializing in software patents for over 25 years.  He wrote the first, and still only, book on the implications of AI for the patent system: The Genie in the Machine: How Computer-Automated Inventing is Revolutionizing Law and Business, published by Stanford University Press in 2009.  He uses unique strategies that he has developed to obtain broad, strong, and defensible AI patents for his clients worldwide. He is a founding partner of Blueshift IP, a patent law firm in Cambridge, Massachusetts that specializes in software patents.  His clients entrust him with their most valuable software patents and he is often called on to advise in business-critical software patent acquisitions and litigation.

Reena Kuyper, Senior Patent Agent
25+ Years of Experience in Strategic Patent Portfolio Development

Patent Law Works

Reena is a patent prosecutor and strategist, with significant experience in strategic patent procurement of complex technologies and processes including computer architecture, cloud computing, wireless technologies and protocols, speech processing, and programmatic platforms. She has over 25 years of experience in all aspects of U.S. and foreign patent protection, including preparation and prosecution of patent applications, managing global prosecution strategies including practice under the Patent Cooperation Treaty (PCT) and European oppositions, extensive oral arguments before the Board of Patent Appeals and Interferences (now PTAB), Interferences, and post-issuance review procedures. Reena has personally handled over 40 reexamination proceedings since the Central Reexamination Unit (CRU) at the U.S. Patent Office was established in 2005 and has extensive experience supporting patent assertions.

Orlando Lopez, Ph.D., Partner
Culhane Meadows Haughian & Walsh PLLC

Dr. Orlando Lopez concentrates on helping his clients, which range from individual inventors to large multinational corporations and universities, identify and protect their intellectual property and build their patent portfolios. Orlando has over twenty five years of experience at various high technology companies, including Polaroid, Data General, Control Data, and Science Applications, as a technical manager, program manager, engineer and researcher. His experience spans from managing product design projects, managing complex research teams involving software, IC design, optics, mechanics and electronics to being an active researcher in areas from magnetic and optical recording and electromagnetic effects to imaging science.

He has drafted and prosecuted over 300 U.S. patent applications in diverse areas of technology such as nanotechnology, optics, quantum cryptography, software, machine learning (AI), business methods, software, telecommunications, wireless applications, electronic imaging, mechanical and physical devices. He Co-authored an amicus brief that was submitted to U.S. Supreme Court for Bilski vs. Kappos, a patentable subject matter case.

Agenda:

SEGMENT 1:

Simon Binnie, Partner

Highly Experienced in the Fields of Software Patentability and Algorithm Design

Boult Wade Tennant LLP

  • What is AI (from the POV of both an engineer and a patent attorney)? – this starts of with a very simple black box/mathematical function loko and then expands it out into a system with AI in context
  • This then sets up a discussion of the points in that diagram where patents may be useful/possible – a discussion around where people would want to be form a protection point of view and where they need to be from a patentability point of view. This includes a discussion of the idea that patenting is mainly going to be the processes (so the boxes and arrows) rather than  the data at rest in the boxes, for which trade secrets etc may be useful – a hybrid ip protection approach.
  • Then there gets into the real heart to the patentability issue which is finding the technical context for the use of AI which is usually determinative for patentability at the EPO. I would usually augment this with a number of specific EPO example decisions which convey the importance of this.

SEGMENT 2:

Robert Plotkin, Software Patent Lawyer & Founding Partner

25+ Years of Specializing in Software Patents

Blueshift IP

Talking Points:

  1. Why is AI relevant to patent law now?
  2. Why the Thaler DABUS “AI as an inventor” cases are a red herring – AI inventorship is the least important of all issues raised by AI for patents
  3. Obviousness: how to identify the innovation in AI patents (and the risk of failing to do so), and how AI is “raising the bar” for nonobviousness
  4. Enablement: how to write an enabling specification for an AI patent (and the risks of failing to do so)
  5. What to claim: how to identify a wide variety of claimable subject matter
  6. Patent vs. trade secret: when to patent and when to keep the invention secret

SEGMENT 3:

Reena Kuyper, Senior Patent Agent

25+ Years of Experience in Strategic Patent Portfolio Development

Patent Law Works

  • Understanding AI/ML Technology and Related Applications and Developing Effective Protection Strategies
  • Patent Prosecution Trends
  • Recognizing Critical Intellectual Property Issues
  • Crafting Patent-Eligible Claims
  • Approach to Patenting ML Algorithms

SEGMENT 4:

Orlando Lopez, Ph.D., Partner

Culhane Meadows Haughian & Walsh PLLC

Talking Points:

  • What is Patentable in ML
  • Patentable Subject
    • State of Patentable Subject Matter Eligibility
    • Suggestions from Board decisions
    • New possible developments
  • 112 Considerations
  • Suggestions for Obviousness Considerations

Date & Time:

Tuesday, November 22, 2022

12:00 pm to 2:00 pm (ET)

Who Should Attend:

  • Patent Lawyers and Consultants
  • Intellectual Property Lawyers/Consultants
  • Technology Lawyers
  • Chief Patent Counsel
  • Chief Intellectual Property Officers
  • VPs/Directors of Intellectual Property
  • VPs/Directors of Patent
  • Intellectual Property Managers
  • Licensing Managers
  • Patent Agents
  • Patent Engineers
  • Patent Examiners
  • Patent Managers
  • Patent Specialists/Experts
  • Legal and Compliance Executives
  • General Counsel
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SPEAKERS

Simon BinniePartner
Highly Experienced in the Fields of Software Patentability and Algorithm Design
Boult Wade Tennant LLP
Robert PlotkinSoftware Patent Lawyer & Founding Partner
25+ Years of Specializing in Software Patents
Blueshift IP
Reena KuyperSenior Patent Agent
25+ Years of Experience in Strategic Patent Portfolio Development
Patent Law Works
Orlando Lopez, Ph.D.Partner
Culhane Meadows Haughian & Walsh PLLC

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