Tag: artificial-intelligence
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The Danger of Drafting at the Claim Level: AI Specifications and the Written Description Problem
A recent PTAB decision shows that AI patent applications built around high-level flowcharts and functional descriptions can fail the written description requirement, even when they appear technically sound. The takeaway for prosecutors is clear: include concrete algorithmic implementation detail or risk an unfixable § 112(a) problem later.
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From Europe to the USPTO: How Minimal Disclosure Can Doom U.S. Software Claims
Drafting patent specifications for a global audience can hide serious U.S.-specific risks. This article uses a recent PTAB decision to show how minimal disclosure and functional claiming—especially in software cases—can lead to an unfixable Section 112 failure in U.S. prosecution.
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Claiming What Doesn’t Happen: Issues and Options
Claiming what does not happen can have issues, but there are options to making it work. Read about a recent PTAB decision illustrating one possible approach.
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The Secondary Reference Trap
A recent PTAB decision highlights a common pitfall in obviousness practice — focusing on the wrong reference when arguing about modification of a reference making it unfit for its intended purpose.
Mr. IP Law 