Patentability of ML/AI and Software-Based Inventions: Key Considerations

Today, the proliferation of machine learning (ML) and artificial intelligence (AI) is significantly changing the business landscape. Businesses across all industries have been utilizing ML/AI applications in their day-to-day business operations. As a result, ML/AI are becoming indispensable in keeping a competitive advantage.
However, along with these advantages are issues and debates on whether these software-based inventions are eligible for patent protection. While the number of AI patent application filings has continued its increasing trend, patent-eligibility rejections are also notable. This can pose significant challenges to ML/AI owners.
Listen as The Knowledge Group presents a panel of key thought leaders as they discuss the most significant issues in the ML/AI and software patent space. The distinguished speakers will also share insights and strategic practices to successfully navigate through the complexities and pitfalls in the patent landscape.

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Partner Highly Experienced in the Fields of Software Patentability and Algorithm Design Boult Wade Tennant LLP
Simon is a Partner in the Boult Wade Tenant‘s AI group who has witnessed the AI revolution up-close, as inventors have embraced the power of AI/ML techniques. His practice spans many application fields, from cryptography and telecoms, through bioinformatics and genetic genealogy, via scientific instruments and computer hardware – all linked by the ubiquity of AI/ML at the cutting-edge of innovation. As a former computational physicist Simon is fascinated to be able to peek inside the ML models underpinning ML innovation (some of which borrow techniques from his former field) and grapple with the myriad legal issues ML innovation can encounter.

Senior Patent Agent 25+ Years of Experience in Strategic Patent Portfolio Development Patent Law Works
Reena is a patent prosecutor and strategist, with significant experience in strategic patent procurement of complex technologies and processes including computer architecture, cloud computing, wireless technologies and protocols, speech processing, and programmatic platforms. She has over 25 years of experience in all aspects of U.S. and foreign patent protection, including preparation and prosecution of patent applications, managing global prosecution strategies including practice under the Patent Cooperation Treaty (PCT) and European oppositions, extensive oral arguments before the Board of Patent Appeals and Interferences (now PTAB), Interferences, and post-issuance review procedures. Reena has personally handled over 40 reexamination proceedings since the Central Reexamination Unit (CRU) at the U.S. Patent Office was established in 2005 and has extensive experience supporting patent assertions.

Partner at CM Law PLLC
Dr. Orlando Lopez concentrates on helping his clients, which range from individual inventors to large multinational corporations and universities, identify and protect their intellectual property and build their patent portfolios. Orlando has over twenty five years of experience at various high technology companies, including Polaroid, Data General, Control Data, and Science Applications, as a technical manager, program manager, engineer and researcher. His experience spans from managing product design projects, managing complex research teams involving software, IC design, optics, mechanics and electronics to being an active researcher in areas from magnetic and optical recording and electromagnetic effects to imaging science. He has drafted and prosecuted over 300 U.S. patent applications in diverse areas of technology such as nanotechnology, optics, quantum cryptography, software, machine learning (AI), business methods, software, telecommunications, wireless applications, electronic imaging, mechanical and physical devices. He Co-authored an amicus brief that was submitted to U.S. Supreme Court for Bilski vs. Kappos, a patentable subject matter case. His experience spans from managing product design projects, managing product design projects, managing complex research