Dr. Benjamin DELSOL (PhD, LL.M)’s Post

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IP Strategist & Manager | Patent Attorney | Innovation & Business Advisor | Quantum Physicist | AI & Quantum Strategist | Neuroscientist | Certified Coach | Success Mentor | Keynote Speaker | Author

#AIWednesday meets #IPStrategy 🚀 Ever pondered where the boundaries of AI patents lie in today’s tech whirlwind? Dive into the case of AI Visualize v. Nuance and unearth the implications of patent eligibility on #AI innovations! 🧠⚖️ 🔍 In this landmark battle, AI Visualize’s patents, vital for visualizing medical scans in 3D/4D via low-bandwidth web portals, were thrown into the legal spotlight. The crux? Their patents centered around the creation of virtual views and tiered image quality delivery - critical for timely medical diagnostics but challenged under #patent #eligibility under 35 U.S.C. § 101. 👨⚖️ The courts declared these claims as directed towards abstract ideas, lacking an inventive step robust enough to transform these ideas into patent-eligible inventions. Despite the innovative flare, the Federal Circuit held that manipulating existing datasets didn't jump the hurdle set by the two-step Alice framework. 🛠️ So, what's the ripple effect? This decision is a clarion call for innovators and #IP strategists in the AI domain. The boundary between abstract ideas and patent-eligible inventions is now sharper, dictating that merely functional innovations without a concrete technical solution might not withstand legal scrutiny. 🔗 This places a premium on drafting patents that not only detail technological advancements but also define how these improve computer functionalities or solve technical problems. It’s an invitation to refine, to innovate further, and to think deeper about the integration of AI in practical, patentable ways. 🌐 As we navigate this evolving landscape, remember: the fusion of AI's potential with the concrete pillars of patent law will define the trajectory of technological innovation. Let's lead the charge, rewriting the rules of AI patents with clarity and creativity! 🌟 💥Quote of the Day: "In the court of law, let's draw our claims with awe, refine them with rigor, and protect what truly paves the way for more." by Dr. Benjamin DELSOL Thanks a lot, Julien Lacheré, Eng., for drawing my attention to this decision! Nora Rüter, LL.M, MBA David Kalow Priggya Arora Alexandra P. Dr. Dominique Christ Jamie Jia Mei Soon-Kesteloot (Ph.D, LL.M) Shu-Pei Oei (黄淑佩) Ph.D, LL.M, M.Sc Nicky Wennemer Michel Kurek Sébastien Ragot Bastian Best Sebastian Goebel Martin Wilming Dr. Jörn Plettig Prof. Dr. Alexander J. Wurzer Bastian July Dr. Malte Köllner, patent attorney Matthew Wahlrab Johann, Hans Hirsch Catalina Olivos Peter Bradley Ari Massoudi Olek Malashenko Philippe Therias Magali Touroude Pereira Jean-Pascal DECOBERT Martin Schweiger Magnus Hakvåg I3PM International Institute for Intellectual Property Management BCF AWA HAUTIER IP 🔑Maria Boicova-Wynants Mustafa Cakir, RTTP, QPIP Ricardo Cali Maier Fenster DELSOL DELSOL AI USPTO

Maier Fenster

Head of Medical Devices Dept. at Ehrlich & Fenster helping you think about, create and strategize your IP

2mo

i think the USPTO has been historically more strict with software patents than with other technology fields. for example, the law does not require, to my understanding, actually improving anything. that was forced unto software. i learned in school about - novel, inventive and industrial applicability/utility - none of which requires actually improvement in anything.

Sebastian Goebel

Founding Partner at Bösherz Goebel | Patent Attorney | AI&IP Committee Co-Chair I3PM | Protecting IP in a Digital World

2mo

Very good claim drafting is simply the most important for software patents. Without having gone into detail, at first glance this looks like a very general claim. That would probably have made it difficult in Europe too.

Dr. Owais H. Shaikh

The Intangibles Guy | Intellectual Property Specialist | Innovation & Competition Strategy | Chair METAVERSE Committee at I3PM | Startups | X-Nothing

2mo
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