How the USPTO Solved AI Inventorship by Looking the Other Way
The Federal Circuit Clarifies: Only Humans Can Be Inventors For a while there, it looked like we had some rules.Back in 2022, the Federal Circuit decided Thaler v. Vidal and…
AI’s secret ingredient: Text, Data, and Fair Use
Data Mining Includes Copyrighted Materials Text and data mining (TDM) means collecting large volumes of data from the internet. From that data, large language models identify patterns and generate new…
USPTO Clarifies AI and Machine Learning Patent Eligibility
Background: USPTO Issues New AI Eligibility Memo The USPTO issued a memorandum on Aug 2, 2025. This was to help examiners assess subject matter eligibility in software-related inventions, especially those…
Fair Use and AI Training: Buy It or Bye-Bye
A recent court decision gave AI developers a roadmap for staying out of copyright trouble—and a big flashing warning sign for what not to do.The case: Anthropic, the folks behind…
When a Patent Case Is Really a Personhood Case
The DABUS Litigation Is a Personhood Fight Disguised as a Patent Fight Dr. Stephen Thaler has lost another case trying to have his DABUS AI system recognized as a patent…
AI Training, Fair Use, and Meta
What Is Fair Use? We recently covered the Copyright Office’s report on AI training and fair use. Fair Use is a part of copyright law that allows limited use of…
Copyright Office Report on AI Training and Fair Use
Can AI Use Copyrighted Material Under Fair Use? Can AI systems rely on the fair use doctrine when training on copyrighted works? That question sits at the center of ongoing…
Who Gets Credit When AI Invents? A Look at the History—and Future—of Inventorship
For centuries, governments have tried to encourage innovation by offering inventors something valuable in return: ownership. The earliest forms of state-recognized intellectual property—like patents—were meant to reward people for coming…
Federal Circuit to AI Innovators: Generic Machine Learning Isn’t Enough for a Patent
In a closely watched decision, the Federal Circuit delivered a clear message. Simply applying machine learning to a new domain is not enough. Unless the ML itself improves, the invention…
AI and Copyright: Court Rules Against Fair Use in Training AI Models
On February 11, 2025, the U.S. District Court for the District of Delaware delivered a landmark decision in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.The court ruled that…