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Following AI guidance published earlier this year (USPTO Issues New Guidance on Inventorship when Assisted by AI), the US Patent & Trademark Office (USPTO) continues to update and expand its guidance concerning the use of AI tools by parties and practitioners. While previous guidance focused in on the impact of AI on development and inventorship (and the barriers that such use may present towards seeking proper patent protection), this most recent guidance turns to the…

On February 13, 2024, the USPTO issued new guidance regarding the patentability of inventions created with the assistance of AI. Issued in response to the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” released by President Biden on October 30, 2023, this guidance has been highly anticipated, in view of the market’s rapid adoption of AI tools in all corners of business, including the creation of inventions and new…