The term Artificial Intelligence itself has largely become the generic term used to describe a variety of related but different concepts, often wrapping together AI, Machine Learning and Generative AI as if they all relate to the same thing, or as if there is a single technology that is, in fact, AI. These related but different technologies differ in scope, function, techniques used, and they also differ in terms of trustworthiness and reliability. Much of what will discuss today will tackle the technical issues that face the industry and innovators in this space. Specifically, we will discuss the various practical manifestations of AI, ML, and Generative AI as they currently exist in 2024, and are likely to exist in the near future. We will attempt to separate fact from fiction with respect to what these technologies can currently do, what the technology does well versus what the technology struggles with, and what the industry can expect moving forward.

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This week on IPWatchdog Unleashed, we turn our attention to patent policy and the Biden Administration, particularly the Adminstration’s efforts to make it more difficult for pharmaceutical companies to obtain and keep patent rights. For this episode, I spoke with Brad Watts, who is Vice President for Patents and Innovation Policy at the Global Innovation Policy Center at the U.S. Chamber of Commerce. Prior to joining the Chamber, Brad spent eight years working in the U.S. Senate, his last several years as Republican Chief Counsel on the Senate Judiciary Subcommittee on Intellectual property, where he was responsible for planning and implementing Senator Thom Tillis’ (R-NC) and the Republican party’s legislative agenda on all aspects of intellectual property.

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Ordinarily, patent practitioners do not need to really think about prosecution laches, but laches has become a rather hot topic as the United States Patent and Trademark Office (USPTO) and courts have initiated what can only be characterized as an assault on an applicant’s statutory right to seek and file additional claims if those claims are supported by the initial disclosure.

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This week we venture into the world of patent monetization from the viewpoint of a patent owner and non-practicing entity. Our conversation is with Brad Close, a one-time patent prosecution attorney, one-time patent broker, and current patent owner engaged in patent monetization efforts, licensing and, of course, litigation.  We start our conversation addressing life as an NPE, and the arguments that are often made against NPEs owning and enforcing patents.

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This week our conversation is with Scott McKeown, a shareholder with Wolf Greenfield and the author of PatentsPostGrant.com, and Steve McBride, a partner with Carmichael IP. In this wide-ranging conversation, we cover what is happening at the United States Patent and Trademark Office (USPTO), specifically discussing the office’s proposed changes to terminal disclaimers for obviousness-type double patenting, the proposed Patent Trial and Appeal Board (PTAB) rules, director review as it pertains to inter partes review (IPR). We also discuss pending legislation on Capitol Hill, specifically discussing the Patent Eligibility Restoration Act (PERA) and The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL), which deals with statutory reforms to PTAB.

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IPWatchdog is excited to introduce IPWatchdog Unleashed, an original podcast where each week we will journey into the world of intellectual property to discuss the law, news, policy and politics of innovation, technology, and creativity. With analysis and commentary from industry thought leaders and newsmakers from around the world, IPWatchdog Unleashed is hosted by world renowned patent attorney and founder of IPWatchdog.com, Gene Quinn.

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