How the USPTO Solved AI Inventorship by Looking the Other Way
January 2, 2026
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
USPTO Clarifies AI and Machine Learning Patent Eligibility
August 26, 2025
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
When a Patent Case Is Really a Personhood Case
August 7, 2025
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
Enablement and Prior Art: What Agilent v. Synthego Teaches Us About the Limits of Patent Protection
June 26, 2025
Enablement Depends on Context In patent law, “enablement” is critical. However, the required detail varies depending on your goal—getting a patent or invalidating one. This
Who Gets Credit When AI Invents? A Look at the History—and Future—of Inventorship
May 5, 2025
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
Federal Circuit to AI Innovators: Generic Machine Learning Isn’t Enough for a Patent
April 23, 2025
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
New FishFAQ video: The History of Patents
September 16, 2024
We have recently added another video to our FishFAQ video series on patents. This one covers a brief history and development of patents. You can
New FishFAQ video: Patent Families
September 9, 2024
We have uploaded a new FishFAQ™ video to YouTube. This video covers how various related patent applications can make up what is called a ‘patent
New FishFAQ video: Patent Pending
September 3, 2024
We have a new FishFAQ™ video explaining the term “patent pending”, when it can be used, and some considerations to keep in mind when using
USPTO AI subject matter eligibility guidance
August 13, 2024
Source: https://www.federalregister.gov/documents/2024/07/17/2024-15377/2024-guidance-update-on-patent-subject-matter-eligibility-including-on-artificial-intelligence The US Patent Office continues to issue guidance on subject matter eligibility under 35 U.S.C. § 101. This latest July guidance addresses AI-assisted
PTO Guidance on AI and Inventorship
April 18, 2024
Rising Questions About AI-Assisted Inventorship in U.S. Patent Law Questions about who, or what, can claim inventorship on AI-assisted inventions have been tested in the
If I had a dollar for every time…
August 31, 2023
…Thaler challenged the legal system to grant intellectual property rights to AI systems… Thaler loses case for copyright Artificial intelligence’s most persistent IP rights advocate,
New FishFAQ video: Right-to-Practice
May 9, 2023
We have uploaded a new video covering the Right-to-Practice. Having a patent on your invention gives you the right to exclude others from practicing your
New FishFAQ video: Patent Enforcement
May 4, 2023
We have uploaded a new video talking about the issues involved in enforcing patents. You can find the video on YouTube here as part of
Should Patents be Granted to AI “Inventions”?
June 14, 2022
The DABUS Case and the Question of AI Inventorship On June 6, 2022 the Federal Circuit heard the oral arguments in the future landmark case
Deferred Subject Matter Eligibility Program
February 23, 2022
The USPTO is implementing a pilot program called the Deferred Subject Matter Eligibility response. The point of the program is to defer the whole question
Supreme Court: Less focus on patent matters post-Alice
January 25, 2022
Alice v CLS (2014) was a landmark case for patent eligibility. The decision held that Alice’s patents were invalid because the claims were drawn to
Artificial Intelligence as Inventor
January 10, 2022
What is DABUS and How Did It Invent An AI machine program called DABUS was created as a series of neural networks trained with general
New FishFAQ Video: Opposing Patents
November 19, 2021
There is a new FishFAQ video up on our Fish IP Law YouTube channel. This one covers opposing patents and answers questions about keeping track of competitors patents, how
New FishFAQ video: Valuing Patents
November 4, 2021
There is a new FishFAQ video up on our Fish IP Law YouTube channel. This one is on patent valuation and covers questions like what
Patents on Transactions Using Cryptocurrency: Square versus PayPal
April 1, 2021
One of the challenges of patenting technology related to blockchain is that the subject matter is likely directed to one of the judicial exceptions (i.e.,
False Marking
December 21, 2020
What Is False Marking? False marking (distinct from false marketing) occurs when a product is falsely labeled as covered by an enforceable patent. Common Ways
Can an AI machine be an inventor?
October 20, 2020
Current Patent Office Position on AI Inventors Wow, fascinating issue, this one. For now the short answer is a simple “no”. And several patent offices