November 27, 2022

Volume XII, Number 331

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part Two of Three

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series.

Part Two – Landscape of AI in Biotechnology

Nicholas Pairolero, Research Economist, USPTO provided an informative landscape of AI in Biotech. Overall, AI is increasingly used in biotechnology, however biotechnology AI patenting is diffusing across all technologies, owners, and inventor-patentees. The definition of AI in this panel corresponded with 8 component technologies, including planning/control, knowledge processing, speech, AI hardware, evolutionary computation, natural language processing, machine learning, and vision. Some interesting charts generated by Mr. Pairolero and presented during the panel are shown herein.

In this chart, machine learning applications, evolutionary computation, and knowledge processing in the biotechnology space corresponded with higher filing rates than patent application filings in general.

In this chart, Mr. Pairolero analyzed patent application filings in accordance with the country of the patent owner once the patent application granted. On the left, the patent owners from the U.S. that filed U.S. applications clearly outweighed patent owners from foreign countries. On the right, the patent owners filing applications related to AI Biotechnology patents is more dispersed.

In this chart, the allowance rate of AI biotechnology patent applications and non-AI patent applications is illustrated. As shown, there is a slightly higher allowance rate for biotechnology applications when they are not associated with AI verses the applications that are associated with AI.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume XII, Number 278
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About this Author

Melissa E. Patterson Associate Patent Prosecution and Counseling
Associate

Melissa Patterson is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

Melissa focuses her practice on the preparation and prosecution of patent applications, particularly in the areas of software, computer hardware, mobile communications, AI, robotics and financial networks. She has prosecuted more than 500 U.S. and foreign patent matters. Melissa has also assisted with over 100 trademark matters, conducted non-infringement and invalidity analyses for numerous IP litigation matters and assisted with patent licensing matters.

858-720-7460
Theo Mayer Associate Sheppard, Mullin, Richter & Hampton LLP
Associate

Theo Mayer is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

Areas of Practice

Theo’s practice focuses on patent prosecution and counseling. Theo regularly drafts and prosecutes patents in the automotive and wireless communication sectors.

Additionally, Theo frequently conducts IP due diligence investigations involving companies in various technology sectors such as software development and bioscience.

858-876-3518
Jesse Salen, Intellectual Property Legal Specialist, Sheppard Mullin
Associate

Jesse Salen is an associate in the Intellectual Property Practice Group in the firm's Del Mar office. 

Areas of Practice

Mr. Salen is an intellectual property attorney and focuses his practice on both intellectual property litigation and patent prosecution in the areas of healthcare information technology, medical software, medical devices, optics, nanotechnology, computer devices, and data storage.

Mr. Salen brings with him 16 years of non-legal business and technology experience in both the healthcare and data storage industries. He was Chief...

858.720.8964
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