Oblon co-hosted this webinar, in conjunction with IAM and
Lexology, titled "Emerging Issues and Recent Developments in
Artificial Intelligence and IP." In this webinar, we discussed
how a new wave of AI-based technology presents new challenges to
existing IP law and to patent practitioners. Technology such as
artificial intelligence chatbots are in the news for testing the
limits on copyright law, but they also present challenges in
patenting the underlying technical features. For instance, while
previous forms of AI may be concerned with the underlying task of
recognition, judgment, and output, new forms of AI may be concerned
with those tasks plus also "passing as human." We
explored the pros and cons of claiming strategies directed to this
aim.
We looked at challenges to Augmented Reality (AR) patents in view
of recent litigation. For instance, the case of NantWorks LLC
et al. v. Niantic Inc. that was litigated in the Northern
District of California illustrated how features directed to AR
solutions can end up being interpreted as non-patent eligible under
35 U.S.C. §101.
Additionally, we examined the potential impact of the Supreme Court
review of Amgen Inc. v. Sanofi. Given the nature of AI
technology, which may involve the use of functional limitations
with an aim toward a broad scope of coverage, the impact of the
Court's decision on the threshold test for enablement on
AI-related inventions may be significant.
We further discussed other emerging issues, such as the challenges
in patenting AI chip technology and recent events affecting how
AI-generated content is interpreted under copyright law.
This webinar was hosted by Sameer Gokhale.
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