AI Patent Watch

All things AI, patents, and intellectual property litigation.

The Unified Patent Court and European Patent Law

Published on
November 27, 2024

The Unified Patent Court (UPC) and European Unitary Patent system introduce significant reforms aimed at simplifying patent litigation across the EU by providing a centralized forum and uniform patent protection. This new system is designed to reduce the complexity and costs of multi-jurisdictional patent disputes, offering more consistent rulings and streamlined processes for businesses. However, companies must navigate challenges during the transition, including adapting to the new framework and managing potential increases in litigation risk

Artificial Intelligence and Patent Eligibility

Published on
November 27, 2024

AI is transforming industries but raises complex questions about patent eligibility, particularly when AI generates inventions without human intervention. Current laws, such as those highlighted in the DABUS case, do not recognize AI as inventors, leading to debates about how to adapt legal frameworks to accommodate AI-driven innovations. AI also enhances IP management, improving tasks like patent searches and infringement detection, though it raises ethical and legal considerations that must be addressed as companies increasingly rely on these technologies.

Trade Secret Litigation in the Digital Age

Published on
November 24, 2024

The digital age has heightened the complexity of trade secret litigation, with businesses increasingly vulnerable to cybersecurity breaches and insider threats. Protecting trade secrets now requires advanced cybersecurity measures, legal strategies like NDAs, and proactive monitoring to mitigate risks. Companies must remain vigilant and invest in robust protection to safeguard sensitive information, while also preparing to litigate when necessary to defend their intellectual property.

The Impact of AI on Copyright Law

Published on
November 24, 2024

AI's role in content creation is challenging traditional copyright law, as AI-generated works raise questions about authorship and ownership. Current U.S. copyright law requires human authorship, excluding works created entirely by AI from protection, as highlighted by the rejection of a copyright application for an AI-created artwork. As AI continues to advance, legal and ethical questions about ownership, originality, and the impact on human creators demand a reevaluation of copyright frameworks to accommodate the unique nature of AI-driven creativity.

IP Challenges in the E-Commerce Boom

Published on
November 22, 2024

The rapid growth of e-commerce has increased the risks of IP infringements, particularly with the rise of counterfeit products on online marketplaces. Companies must adopt advanced monitoring tools and collaborate with platforms like Amazon to protect their IP, as counterfeit goods pose significant financial and reputational risks. Leveraging AI-driven solutions, businesses can detect and address infringements more effectively, ensuring the integrity of their products and maintaining consumer trust in the digital marketplace.

The Role of PTAB in Patent Disputes

Published on
November 22, 2024

PTAB offers an efficient alternative to traditional patent litigation through inter partes reviews, playing a pivotal role in resolving patent disputes. Notable cases, such as VirnetX's challenge against Apple and Intel Corp. v. VLSI Technology, illustrate the PTAB's significant impact in invalidating patents and shaping litigation outcomes. As the PTAB continues to influence patent law, companies must adapt their strategies, stay informed of rulings, and anticipate changes like those concerning the Fintiv rule and evolving patent eligibility standards.

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