Brad Smith

I’m interested in how AI is impacting law practice. The U.S. Patent and Trademark Office has issued guidance on how to determine inventorship when AI was involved in creating the invention. In 2022, in Thaler v. Vidal, the Federal Circuit held that “only a natural person can be an inventor, so AI cannot be.”  So, how can something developed by AI be patented? ·      The guidance reaffirms the Federal Circuit decision: Named inventors must be “natural persons.” A non-human, such an AI system, cannot be listed as inventor, even if it was “instrumental” in creating the invention. ·      A person named as inventor must make a “significant contribution” to any AI-assisted invention. ·      This is determined by existing inventorship law: The inventor must contribute in some significant way to the invention’s conception or reduction to practice. ·      USPTO gives an example: A person who merely 1) recognizes the need for a new design to solve a specific problem, 2) prompts an AI system to create a design, and 3) reviews the design outputted by the AI system, has not made a significant contribution. ·      On the other hand, a significant contribution “could be shown by the way the person constructs the prompt in view of a specific problem to elicit a particular solution from the AI system.” ·      These distinctions could be difficult to make in practice. It will be interesting to see how this plays out in real world examples as AI develops and its use in creating inventions increases. ·      The USPTO guidance tells us that inventors using AI should be prepared to demonstrate, with supporting documentation, the specific things they did to contribute to the invention and how AI was used to assist. https://lnkd.in/g6gx_eTV #artificialintelligence #technology #AI

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If you’re interested in how advances in AI are impacting intellectual property law and the creation of new IP, I recommend this article by Marc Vockell at The University of Texas System. It is well written and a great place to start on this topic. https://lnkd.in/gqqivjWp #artificialintelligence #technology #AI

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The recent collaboration between NVIDIA and Cadence is a game changer for data center planning and efficiency. Anshel Sag’s Forbes article highlights how the Cadence Reality Digital Twin Platform, integrated with Nvidia's Omniverse platform, can revolutionize design and simulation workflows, making them up to 30x faster. This powerful combination can potentially increase data center energy efficiency by up to 30%, a significant step toward sustainability. Moreover, the Reality Digital Twin Platform can optimize new designs and cool Blackwell GPUs in liquid-cooled data centers. If you want to learn more about this ground-breaking collaboration, be sure to check out Anshel Sag's blog post at the following link: https://ow.ly/a8ZX50RA15l

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Please see the article I wrote with my fabulous colleague Terry Shieh-Newton on how to approach IP strategy when it comes to AI technology.

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Figuring out reasonable AI guardrails is going to be very hard but important work. And while reasonable minds can disagree on whether or not California AI safety bill SB1047 was the right first step, when something becomes law, it forces us to confront the limitations of the regulatory environment and adapt. It also sends a message about what's important. I applaud Teri Olle, all the tech bros, scientists, academics, and legislators who fought to create something that would work for all sides. I hope this is just the beginning of some really important work that affects us all. Link to story in comment. #siliconvalley #startups #venturecapital

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At #IPSW, Michael Felbinger from IPnovation GmbH shared a candid perspective on AI’s transformative potential and its critical limitations. While AI offers powerful tools for IP tasks like patent searches, it also poses risks—especially with open-source platforms that lack confidentiality safeguards. Michael’s examples highlighted how unsecured platforms can expose sensitive data, emphasizing the need for secure, reliable solutions, especially when handling confidential informations. His insights were a valuable reminder: AI’s benefits are immense, but careful implementation is key to mitigating risks. What’s your take on balancing AI’s promise with its challenges within the IP space?

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Consumer-grade quantum computing is on the brink of transforming industries by accelerating AI capabilities and revolutionizing cybersecurity. In this article, my collogues Jihwang Yeo, Whit Johnson and I, explore how this technology could reshape data processing and encryption across the globe. #quantum

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Great article by Marisa Woutersen at WIPR - World IP Review on Nvidia's rise to be the world's most valuable company. She looks at the relevance of their patent portfolio and compares Nvidia's patent portfolio with other Big Tech companies. The article is behind a paywall but my key takeaways are: - It's very difficult to compare a company like Nvidia that basically has one product (monster graphics cards - yes I know they do a bit more) and tech companies like Samsung who have 100s of products. Inevitably Samsung has way more patents. - AMD is probably their most similar competitor, and Nvidia is ahead here in terms of overall patent filings. - Nvidia is clear playing catch-up with patent filings. They have more pending applications than any other company listed. This suggests there is a realisation that the patent portfolio hasn't kept pace with the company value. Of course, it might also reflect the fact that the suddenly have a lot more cash! - Clearly the value in the portfolio will depend on what and where they invest. The article notes that while AI applications represent core value, where else they invest to diversify beyond AI will be key. The brilliant charts in the article provided by Andrew Samm at Patently. EIP - Better, different.

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Congratulations to Akin’s IP team for being recognized in the 2024 IAM Patent 1000 guide. The recognized Akin partners are: ·      Steven Maslowski, Matthew Pearson and Rubén H. Muñoz in Pennsylvania, where Akin received a “Gold Firm” ranking. ·      Cono Carrano, David Vondle and Rachel Elsby in Washington, D.C. ·      Dan Moffett in Texas. ·      Michael Kahn in New York. ·      Paul Tripodi in California. Read more about the firm’s recognition here: https://lnkd.in/dqtRQSF2 #IntellectualProperty #PatentLaw #PatentLitigaton

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Discussing GenAI's evolution over the past two years with Alec brought me back to my own "aha” moment about AI and IP. One of my former companies Metawave Corporation worked on creating AV technology that could free people from the task of driving — there was a liberating aspect to what we did. Then, I moved on to Applied Materials, where I constantly juggled managing IP strategy as counsel to the Office of the CTO along with running day-to-day operations for tens of thousands of assets. My “aha”: Why shouldn’t AI liberate IP professionals to focus on strategic work too? AI, whether for autonomous driving or IP, isn’t just about automation. It’s about empowering humans to focus on what truly matters. Check out our full conversation where we go over more lessons from my 20+ IP career in Alec's latest blog post here: https://lnkd.in/gKVvrUnw #intellectualproperty #legalAI #IPmanagement

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Excited to speak as a panelist at CenterForce USA's conference on "Developing a Comprehensive Corporate AI Policy: Legal, Ethical, and Compliance Considerations." This Thursday, May 30 in Chicago, I'll be joining experts 👉 Michael Booden, JD, CIPP/US, CIPP/E, of HUB International 👉 Donna Haddad of IBM 👉 Julie Honor of Thompson Hine LLP and 👉 David Oberst of The Boler Company® for an insightful discussion of best practices for developing a sound corporate #AIPolicy! #AI #AIPolicy #LegalTech #Compliance #dataprotection #datasecurity #cybersecurity #riskmanagement

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I just read a great article by Eric Dodson Greenberg in Bloomberg Law and wanted to amplify its message here. It elegantly highlights how AI can liberate legal professionals to focus on what truly matters: the human aspect of our practice and delivering impactful value to our clients on strategic legal issues. Rather than replacing sound legal judgment, AI can help — and already is helping — streamline areas of our practice like the ones below. 1. E-billing and spend management: AI can streamline bill review, help acclimate outside counsel to key guidelines, and assist in enforcing them. 2. Contract negotiations: AI can apply the full force of an organization's particular best practices and past experiences to each deal. 3. Weighted-impact risk assessments: Predictive analytics can assess the probabilities of complex risks like litigation for a more sophisticated response. Of course, as Eric writes, “Technology advances the tools of our craft, but the heart of legal work — analysis, intuition, and creativity — remains resolutely human.” #legalops #legaltech #inhousecounsel https://lnkd.in/g_TiqMu3 

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🚀 How is AI transforming IP practice? During our latest fireside chat with FX (Francois-Xavier) L. (DeepIP (Formerly davinci)’s CEO), Andre Marais (Schwegman Lundberg & Woessner, P.A. Principal) explored the practical impact of AI in IP law by sharing a personal experience with GenAI in a law firm workflow. 💡 The insight: “AI tools don’t replace expertise; they enhance it.” How can AI help patent practitioners: - AI can help junior attorneys get up to speed much faster - It allows attorneys to create better and more detailed patent specifications - AI Patent Assistants increase the speed at which attorneys deliver specifications or office actions Andre also mentions that human presence is still mandatory to keep client relationships functional. AI can support these interactions, but it won’t replace the strategic advice attorneys provide. Curious about how AI is reshaping the legal industry? We made a recap of the firechat with Andre Marais in a blog article (link in comments). #AI #IP #attorney

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Ensuring our AI systems understand context and avoid unexpected outcomes is key to maintaining reliability and user satisfaction — and, in one humorous case, “Rickrolling.” My Foley colleague discusses how robust training datasets and precise AI tuning are essential to user experience and trust. #ArtificialIntelligence #AI #InnovativeTechnology #IntellectualProperty

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Congratulations Syniverse inventor Guido Reißner on U.S. Patent 12022364 issued today (June 25, 2024) for a system for detecting message drift within registered message campaigns, ensuring compliance with predefined parameters. Using a messaging compliance registry (MCR), it downloads campaign data and employs control vectors from sample texts. These vectors enable real-time comparison of incoming messages against expected messaging. If an incoming message significantly deviates, the system can delay, quarantine, or tag it, and notify the MCR, ensuring regulatory compliance and content integrity. #MessageCompliance #MessageDriftDetection #MessagingPlatforms #ContentIntegrity #RegulatoryCompliance #ControlVectors #CampaignData #RealTimeMonitoring #MessagingRegistry #VectorizationModels #Syniverse

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New environmental laws for companies doing business in California (if revenues exceed $1B). Stay compliant and informed. #environmentallaws #climatechange #corporateaccountability #climatedisclosures #californialaws #doingbusinessincalifornia #legalcornerllp

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My team’s feedback from the ABA Antitrust Spring Meeting was incredibly positive. Of course, AI was a hot topic. In one session aptly titled “Hope or Horror: The Big AI Debate,” a professor from Columbia Law noted that maybe the fear that AI will take our jobs is misplaced and that the real fear could be that as AI creates efficiency, we just get busier trying to churn out more work rather than using the time savings created by AI to make our lives better. It is an interesting perspective that is reflected in the way we at Lighthouse developed and tested our AI Privilege Review product. It and our other AI products do not just help us churn out more work; they are all about making clients’ lives better.   #antitrust #abaantitrustspringmeeting #AI https://lnkd.in/gBaPNB4K

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