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A fair use defense to copyright infringement when using copyrighted materials as training data for an AI system can include an analysis of the effect on the value or potential market for licensing of the copyrighted work for AI training data (potential derivative markets) in addition to current markets (primary markets) for the copyrighted work.
Reduction of Patent Term Adjustment (PTA) with respect to an applicant failing to engage in reasonable efforts to conclude prosecution does not apply in situations where there were no efforts in which the applicant could have engaged to conclude prosecution of a patent.
To be patent eligible, claims must do more than apply established methods of machine learning to a new data environment—here, the specific contexts of television event scheduling and network map creation.
When fighting an obviousness rejection based on a combination of references, one should argue against the motivation to combine and/or the outcome of the proposed combination.
Enablement and written description requirements with respect to claims are judged as of the priority date of a patent. A later existing state of art is not considered in the enablement analysis of a claim. Similarly, the written description requirement is in view of what is claimed and whether the specification reasonably conveys possession of the claimed subject matter as of the filing date of the patent.
During an IPR, A published patent application, regardless of whether it has matured into a patent, is available as prior art as of its date of filing.
The limiting preamble of a Jepson claim must be supported with sufficient written description, and what constitutes sufficiency varies depending on the knowledge of the pertinent person of ordinary skill in the art.
Prior art is not entitled to the priority date of its provisional application if the subject matter relied upon by the Examiner is not supported in the original provisional application.
Applicants appealing a USPTO decision involving an application that would issue with no patent term have insufficient interest to appeal the USPTO decision to a federal court. Additionally, provisional rights under 35 U.S.C § 154(d) do not attach to any patent issued with no term.
Claim construction regarding recitation of an element (e.g., tungsten) in conjunction with an open-ended claim term (comprising) allowing for construction of the term as a compound is made in view of the context of the term in the claim in which it appears, support in the patent, including the specification, and extrinsic evidence.