AmLaw: Can Artificial Intelligence Patents Overcome §112 Requirements?
February 20, 2024
O’Melveny lawyers Mark Liang, Paige Hardy, and Grace McFee recently co-authored “Can Artificial Intelligence Patents Overcome §112 Requirements?”, in which they discuss the challenges AI-related patents face under §112.
The authors describe how AI patents are fared against invalidity challenges raised under the written description, enablement, and definiteness requirements of §112, apply §112 caselaw to a hypothetical set of claims, and propose steps inventors and patent drafters can take to overcome §112 challenges. This article is the second in a two part series, where the first article addressed AI patents and §101’s patent eligibility requirement.
Read the article here.
This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Mark Liang, an O’Melveny partner licensed to practice law in California; Paige Hardy, an O’Melveny associate licensed to practice law in California; and Grace McFee, an O’Melveny associate licensed to practice law in California, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.
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