Protecting Creativity by Artificial Intelligence: Part 3
February 06, 2019
Post by Kirk M. Hartung
Artificial intelligence (AI) inventions and discoveries discussed in part 2 of this blog series, which may be protectable with patents, are only one form of creativity by computers. AI can also generate written documents, music, and other creative works of authorship. See for example, CLOEM and Even software now exists that allows computers to use artificial intelligence to write patent.......
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Protecting Creativity by Artificial Intelligence: Part 2
January 30, 2019
Post by Kirk M. Hartung
U.S. Patent laws usually have two objectives: 1) To disclose inventions for the benefit of mankind; and 2) To incentivize inventors and investors. Thus, patent protection serves a social benefit and a personal benefit. Currently, thousands of patent applications are being filed in the U.S. Patent Office for inventions directed to AI, and despite the patent eligibility issues, patents are being issued on .......
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Additional Update on the Government Shutdown
January 29, 2019
Post by Gregory "Lars" Gunnerson
As you are most likely aware, the United States government was shutdown for a total of 35 days, the longest shutdown in US history. The shutdown led to 380,000 federal workers being furloughed, and an additional 420,000 workers were required to work without any known payment dates during this period, forcing many to find other paid work or protest against the extended period of the deadlock. However, the.......
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Jury Orders Mongols Motorcycle Club to Forfeit Trademark
January 24, 2019
Post by Brandon W. Clark
The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s name along with a Genghis Khan-type c.......
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Supreme Court Rules: Sale of Invention can Prevent Patenting
January 24, 2019
Post by Patricia A. Sweeney - Of Counsel
Following passage of the America Invents Act, questions arose as to whether a secret sale by the inventor more than one year before patenting was prior art under section 102(a)(1) that would prohibit patenting of the invention. The language of the statute provides an invention cannot be patented if “in public use, on sale, or otherwise available to the publicbefore the effective filing date of the claime.......
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Protecting Creativity by Artificial Intelligence: Part 1
January 23, 2019
Post by Kirk M. Hartung
Artificial intelligence has progressed to a state where, based upon software and algorithms written by humans, the computer itself can solve problems and discover new and better ways to accomplish desired results. Artificial intelligence is being used in many industries, including agriculture, education, manufacturing, and medicine. The inventions and creations of the computer itself, rather than a human.......
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Oh Na Na What’s My Name?: Rihanna Sues Father for Trademark Misuse of “Fenty” Surname
January 21, 2019
Post by Sarah M. Dickhut
Robyn Rihanna Fenty (“Rihanna”) has filed a lawsuit against her father, Ronald Fenty, over the use of the name “Fenty.” Ronald Fenty uses the family surname in his company Fenty Entertainment, a company which recruits artistic talent and also develops television programs, motion pictures, and record producing. Over the last several years Rihanna has developed her label via Fenty cosmetics (Fenty Beauty),.......
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Questions Remain for Venue Considerations Post TC Heartland
January 18, 2019
Post by Luke T. Mohrhauser
Luke T. Mohrhauser A recent decision in a patent infringement case involving John Deere suing both AGCO Corporation and its subsidiary, Precision Planting LLC, in the District of Delaware illustrates that not all answers from the Supreme Court's 2017 decision of TC Heartland LLC v. Kraft Foods Grp. Brands LLC are clear. The TC Heartland decision included, in part, that "A patent infringement case "may be .......
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Update on the Government Shutdown
January 11, 2019
Post by Gregory "Lars" Gunnerson
In December 2018, the United States Patent & Trademark Office (USPTO) reported it would stay open at least for a temporary time in the event of a government shutdown. Thus far, the USPTO closed only on December 24, 2018 (Christmas Eve), as a result of an executive order issued by President Trump. Christmas Eve fell on a Monday and would normally be a day in which the USPTO is open, as Christmas .......
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USPTO Updates 112 Guidance: Presumption Shift of Functional Limitations
January 10, 2019
Post by Oliver P. Couture, Ph.D.
Recently, the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on functional claim language under 112 and will after a period of public input. This update will likely require a more detailed specification for functional claims or result in narrower claims. Under the proposed 112 guidelines, which are aimed more specifically toward computer cla.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


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