AI and the U.S. Patent System: Navigating the Complexities of Patent Law and Practice

The rapid evolution of artificial intelligence (AI) systems raises complex questions related to patent law and practice in the United States. The U.S. federal courts and the U.S. Patent and Trademark Office (USPTO), along with the patent practitioners, are confronted with the challenge of fitting AI and its uses into the current legal framework or modifying it to better accommodate this near ubiquitous technology. 

So far, neither the Patent Act nor the USPTO rules themselves have been amended to directly address AI. Instead, the judiciary and the USPTO have navigated the advancements and expanding uses of AI within existing legal structures, which influences both the patentability of inventions and how practitioners conduct their practices. 

In this article from The Patent Lawyer Magazine, Patent Litigation partner Jonathan Thielbar explores the evolving intersection of AI and patent law in the U.S., reflecting on challenges and considerations for patent practitioners before the USPTO.

To view the article, please see page 48 of The Patent Lawyer Magazine’s website.