AI and Deep Learning

Haynes Boone has been active in the artificial intelligence (AI) space for more than 30 years. Today AI continues its rapid growth and profound impact on the world, transforming industry after industry. As AI grows, so does the need for intellectual property and regulatory protection in the AI space. According to a recent World Intellectual Property Organization (WIPO) report, Technology Trends 2019: Artificial Intelligence, nearly 340,000 patent families and more than 1.6 million scientific papers related to artificial intelligence were published from 1960 until early 2018, and the number of patent applications filed annually in the AI field grew by a factor of 6.5 between 2011 and 2017.

Applicants for AI patents face unique challenges. Who can be listed as an inventor if AI creates or contributes to an invention? Are AI inventions susceptible to the subject matter eligibility challenges? Who can be a person of ordinary skill in the art be when determining obviousness of the AI inventions?

Haynes and Boone’s multidisciplinary AI group brings together the technical knowledge and industry experience to effectively advise clients operating in this rapidly evolving space. The AI group helps companies and individuals safeguard their core products and methodologies. Our experience covers all aspects of AI, machine learning, and deep learning technologies, including:

Developing domestic and international patent portfolios related to AI applications in autonomous driving, machine learning, natural language processing, industrial automation, and anomaly detection in utility and ad hoc wireless networks.
Representing clients in post-grant proceedings covering locating technologies that rely on neural networks.
Drafting patents for autonomous control of robotic operations in energy distribution systems.
Developing a global patent portfolio on deep learning research and engineering for customer relationship management (CRM) platform including natural language processing (NLP), commonsense reasoning, and computer vision.
Developing robotic-assisted surgical system patent strategy and protection.

We assist AI-focused clients with:

Drafting durable domestic and international patents with a deep understanding of the unique challenges faced by AI patent applications.
Advising on successfully overcoming subject-matter eligibility and obviousness challenges in the context of patenting AI technologies.
Challenging and defending patents in post-grant patent proceedings before the USPTO, including covered business method and inter partes reviews (IPR), and in state and federal courts.
Providing due diligence in the context of mergers and acquisitions ranging from a few million to over a billion dollars.
Brand protection, including trademark portfolio development, social media and privacy policies, and enforcing brand and domain rights in litigation and administrative proceedings.
Providing strategic guidance on domestic and international patent portfolio development and management, including the creation and use of patent landscapes to guide research and development.
Rendering product clearance opinions regarding competitors’ intellectual property rights and guiding product design initiatives to better position the company against third-party risk.

In 2022, 15 Haynes Boone lawyers were recognized in Intellectual Asset Management (IAM) Patent 1000 Directory which spotlights firms and individuals deemed by peers and clients as outstanding in the patent practice. Our firm ranks among the nation’s top firms in Patexia’s 2022 IPR Intelligence Report. Haynes Boone is a top 10 law firm filing IPRs on behalf of the Petitioner, with an institution rate of 83% and a final decision rate of 80% for canceling claims. The average institution and final decision rates are 78% and 69%, respectively (Lex Machina, 2023).

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Recent Publications

“Current events in AI,” interview for CNBC News, Dina Blikshteyn (November 2023).
“Experts explain how OpenAI's leadership shake-up could impact San Francisco,” interview for ABC7 News Bay Area, Dina Blikshteyn (November 20, 2023).
"Ex-Patent Solicitor Takes on Director Review Amid Rising Demand" quoted in Bloomberg Law, David O’Brien (November 20, 2023).
"White House executive order expands regulation of artificial intelligence,” Westlaw Today, David McCombs, Eugene Goryunov, Dina Blikshteyn, Jonathan Bowser (November 8, 2023).
"Section 112 concerns in an IPR at institution and final written decision,” REUTERS, David McCombs, Eugene Goryunov, Jonathan Bowser (November 9, 2023).
"A Legal 360 for Intellectual Property for AI"A Legal 360 for Intellectual Property for AI," Dina Blikshteyn, Eugene Goryunov, Eric Horsley, Ph.D. (August 4, 2023).
"Using AI for Competitive Advantage," The Journal of Robotics, Dina Blikshteyn, Eugene Goryunov, (July 2023).
"Chatbot Patents are Likely to Spark AI Wars," co-author, Law360 (April 4, 2023).
"What the Patent Bar is Saying About the USPTO’s Call for Comments on AI Inventorship," IPWatchdog, February 19, 2023. - Dina Blikshteyn and Eric Horsley
“Is This the Real Deal? Legal Issues Around Artificial Intelligence in Entertainment Transactions,” Darwin Bruce (February 2, 2023).
"Moving Forward with AI Today and the Next Five Years," presented by the American Bar Association Business Law Section, Dina Blikshteyn, Eugene Goryunov, Alex Courtade, (February 2023).
Living in an AI World: An Artificial Intelligence Law Guide (Book) (2022). – Eugene Goryunov, Author and Lead Editor
AI and Life Sciences: How Much Disclosure Is Enough?, Life Science Leader – David McCombs, Vincent Shier, Eugene Goryunov, Dina Blikshteyn, and Brooke Cohen (Nov. 17, 2022)
How To Navigate the Patent Eligibility of AI-Driven Diagnostics, Med Device Online – David McCombs, Vincent Shier, Eugene Goryunov, Dina Blikshteyn, Jamie Raju, and Brooke Cohen (July 28, 2022)
Protecting the Use of Artificial Intelligence in the Wine Industry, Wine Industry Advisor – Eugene Goryunov, David McCombs, Dina Blikshteyn, Austin Lorch(June 29, 2022).
Are Artificial Intelligence Technologies a Game Changer for Patents in Finance? The Patent Lawyer – David McCombs, Eugene Goryunov, Dina Blikshteyn, Nicolette Nunez 63-65 – June 27, 2022
How To Navigate The Patenting Challenges Of AI-Assisted Drug Discovery, Pharmaceutical Online – Eugene Goryunov, David McCombs, Vincent Shier, Dina Blikshteyn, Brooke Cohen, (June 17, 2022).
After West Texas Ruling, Patenting AI Could be More Nuanced, Law360 - Eugene Goryunov, David McCombs and Dina Blikshteyn – February 25, 2022
Where We Are on AI Inventorship and Where We Should be Heading, IPWatchdog – David McCombs, Eugene Goryunov, Dina Blikshteyn, (Oct. 12, 2021).
Protecting Artificial Intelligence Inventions in Drug Development, Bioprocess International 8-10 – Eugene Goryunov (Nov.-Dec. 2021).
"Protecting Your Inventions on Autonomous Vehicles," a Haynes and Boone publication, September 25, 2020 – Gary Edwards
"AI Invents But Can’t Be an Inventor. So Now What?," LegalTech News, August 31, 2020 – David McCombs, Eugene Goryunov, and Dina Blikshteyn
"Brave New World: How AI Tools Are Used in the Legal Sector," LegalTech News, August 12, 2020 – Eugene Goryunov, David McCombs, Raghav Bajaj, Dina Blikshteyn, Jonathan Bowser, and Angela Oliver
"The Ethics of Using Chatbots For Legal Services," Law360, August 4, 2020 – David McCombs, Eugene Goryunov, and Dina Blikshteyn
"Navigating a New Realm: AI and Patent Law," LegalTech News, July 16, 2020 – David McCombs, Raghav Bajaj, Eugene Goryunov, Dina Blikshteyn, Jonathan Bowser, and Angela Oliver
"Recent Cases Highlight Growing Conflict Between AI and Data Privacy," a Haynes and Boone publication, April 20, 2020 – Lee Johnston
"Are Works Generated By AI Subject to IP Protection?," Law360, March 13, 2020 – Jason Bloom and Stephanie Sivinski

Recent Speaking Engagements

“Inventing Tomorrow: A Guide to Claiming and Patenting AI Creations,” presenter, UT Law's 28th Annual Advanced Patent Law Institute, January 2024 – Charlene Liu, Hong Shi
"AI & Patents: Navigating the Shifting Landscape and Envisioning the Future," panelist, Centerforce IP Strategy Summit, November 1, 2023 – Dina Blikshteyn
AI Ethics, panelist, PTAB Bar Association, November 2023 – Dina Blikshteyn
"Panel 1: U.S. Patent Litigation Strategy," moderator, 2023 Corporate IP Strategy Conference (CIPSC), November 15, 2023 – Raghav Bajaj
"Leading Professionals to Teach About Intellectual Property," speaker, Financial Poise, webinar, November 29, 2023 – Dina Blikshteyn
"Generating New Clients - Part 2: Building Your Personal Brand - Reputation, Word of Mouth, & Referral Work,” panelist, Centerforce, The Diverse Rainmaker Summit: Excellence in Business Development, November 29, 2023 – Tom Chen
"Securing & Adding IP Value through Patent Monitoring," panelist, IPWatchdog, Inc., November 30, 2023 – Vince Shier
"Examining the Intellectual Property Challenges of Artificial Intelligence (AI)," panelist, Women Leaders in IP Law 3rd Annual Summit, June 6, 2023 - Dina Blikshteyn
“Immersive Technologies and The Future of Entertainment,” speaker, Artificial Intelligence Masters 2023, IPWatchdog, March 8, 2023 – Dina Blikshteyn
“AI and Drug Development: IP Implications for Protecting AI Discoveries,” speaker, IPWatchdog LIVE 2022, September 12, 2022 – Dina Blikshteyn
"Artificial Intelligence and Machine Learning: Legal and Ethical Considerations," moderator, 34th Annual Technology Law Conference, May 27, 2021 - Hong Shi
"AI Systems and Drafting Patents: Enablement and Inventorship," speaker, Strafford Webinar, April 22, 2021 - Dina Blikshteyn
"How Artificial Intelligence Tools Impact the Legal Practice: What every attorney needs to know," myLawCLE, October 29, 2020 - Eugene Goryunov, Raghav Bajaj, Dina Blikshteyn, Jonathan Bowser, and Angela Oliver
"How AI and Machine Learning are transforming law firms and the legal sector," 3rd World Legal AI Summit, Luxatia International, October 9, 2020 - Dina Blikshteyn
"Navigating a New Realm: AI and Law," Haynes and Boone LLP Patent Prosecution and Patent Trials Grp. Mtg., Chicago, IL (Apr. 21, 2020) - Eugene Goryunov

AI Chats Podcast

A podcast series covering a broad range of technology and legal topics in artificial intelligence (“AI”) and deep learning.

AI Chats Episode 33: AI Executive Order and Government – January 22, 2024
AI Chats Episode 32: AI Executive Order and Employment – December 12, 2023
AI Chats Episode 31: Current State of AI Regulation in the UK and Europe – September 12, 2023
AI Chats Episode 30: Artificial Intelligence and Finance – July 5, 2023
AI Chats Episode 29: AI and Generative AI Wars – May 24, 2023
AI Chats Episode 27: AI and Inventorship Part 2 – April 6, 2023
AI Chats Episode 26: AI and Inventorship Part I – March 3, 2023
AI Chats Episode 25: AI and Life Sciences – February 2, 2023
AI Chats Episode 24: Patent Eligibility Issues In Pharma – December 1, 2022
AI Chats Podcast Episode 23: Why Should Pharma Invest in Patenting AI? – September 20, 2022
AI Chats Episode 22: Protecting AI Innovations in China – September 6, 2022
AI Chats Podcast Episode 21: AI and Wine Industry – August 24, 2022
AI Chats Episode 20: AI Regulation: What Can We Learn From Tax Compliance Robots? – August 9, 2022
Use of AI with Standard Essential Patents – November 8, 2021
Abstract Ideas, Reemergence of Mental Steps Doctrine, and Patent Eligibility for AI Inventions – October 14, 2021
AI and Startups – September 27, 2021
Overcoming Algorithmic Bias – September 7, 2021
Recent Developments in AI Inventorship – August 9, 2021
Toward Carbon-Neutral Electricity and Mobility: AI for Smart Grid – August 2, 2021
Patent Searching with AI – July 19, 2021
AI and Contracts – July 6, 2021
Supreme Court’s Decision in Google v. Oracle and Its Implication on AI Copyright Liability – June 21, 2021
AI and Fraud – June 7, 2021

For a full list of AI Chats Podcasts - Listen here.

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Listen to the latest episode of AI Chats, our podcast series covering a broad range of technology and legal topics in artificial intelligence and deep learning.

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