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As a kid growing up in the 1980s, I was captivated by the emerging world of home computers. I had a TI-99/4A first and later upgraded to a Commodore 64.  I spent countless hours as a child writing programs in BASIC, trying to make these first home computers do various things, and absorbed in the possibilities they represented.  In reflecting on the evolution of computers over the decades since those childhood experiences, I’ve come to the realization that one of the major exponential advances in computer technology for users was when home computers became widely available.  That was the biggest change in our lives that came from computers and, in my view, far more transformative than any of the incremental improvements that followed.

TL;DR Because cited non-patent literature (NPL) may be increasingly AI-generated, patent practitioners should examine NPL more closely and develop enablement-based strategies for challenging questionable references. Overview A recent Harvard Kennedy School study¹ on AI-generated scientific papers infiltrating Google Scholar raises important considerations for patent attorneys and IP counsel regarding prior art rejections under § 102 […]

On August 4, 2025, the USPTO issued a subject matter eligibility memorandum aimed at examiners in key technology centers handling AI and software inventions. The memo makes clear that it is not intended to announce new policy or procedure but rather to reinforce longtime guidance under 35  U.S.C. § 101. 

—By Lucas Hjelle, with Contributions from Nathan Elder. As a patent attorney experienced in transformer-based AI architectures and large language models (LLMs), I want to share insights on the evolving landscape of AI-assisted inventions.  This is particularly relevant in view of the 2024 publication of the USPTO’s AI Inventorship Guidance (“Inventorship Guidance for AI-Assisted Inventions,” […]

“The new USPTO guidance brings LKQ v. GM Global ( https://bit.ly/3V3rWoq LKQ overruled the previously long-standing Rosen-Durling approach to establishing design obviousness, in that: • there is no more requirement that the primary reference be ‘basically the same’ as the claimed design • there is no more requirement that any secondary references be ‘so related’ […]

—Blog article by Aris Gregorian Prepare for the battle of the smart rings! Oura Health filed a lawsuit on September 1, 2023 against Ultrahuman Healthcare in the U.S. District Court for the Eastern District of Texas, alleging that Ultrahuman copied its patented smart ring technology and infringed its copyrights. Oura Health claims it pioneered health […]