AI and Deep Learning

Artificial intelligence (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 2020, 14 Haynes and Boone lawyers were recognized in Intellectual Asset Management (IAM) Patent 1000 ranking 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 2019 IPR Intelligence Report. Haynes and Boone is a top 10 law firm filing IPRs on behalf of the Petitioner, with an institution rate of 90% and a final decision rate of 91% for canceling claims, in addition to being ranked fifth in Managing IP's listing of the top petitioner law firms based on Patent Trial and Appeal Board (PTAB) filings from the first half of 2020.

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Recent Publications
  • "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
  • "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.

  • Overcoming Algorithmic Bias; 09/07/2021 - Listen here
  • Recent Developments in AI Inventorship; 08/09/2021 - Listen here
  • Toward Carbon-Neutral Electricity and Mobility: AI for Smart Grid; 08/02/2021 - Listen here
  • Patent Searching with AI; 07/19/2021 - Listen here
  • AI and Contracts; 07/06/2021 - Listen here
  • Supreme Court’s Decision in Google v. Oracle and Its Implication on AI Copyright Liability; 06/21/2021 - Listen here
  • AI and Fraud; 06/07/2021 - Listen here
  • AI and Cognitive Systems; 05/11/2021 - Listen here
  • AI and Teens; 04/26/2021 - Listen here
  • Getting People to Fly Again with AI; 04/12/2021 - Listen here
  • AI and Autonomous Driving; 03/29/2021 - Listen here
  • AI-Created or Selected Content and Copyright Implications; 03/15/2021 - Listen here
  • Use of AI in Healthcare; 03/01/2021 - Listen here
  • Bias in AI and Its Legal Implications; 02/15/2021 - Listen here
  • AI Powered Tools for Attorneys; 02/01/2021 - Listen here
  • What is AI and How Does It Work?; 12/18/2020 - Listen here
Publication
Protecting IP in Autonomous Driving
August, 17 2021

Modern autonomous driving technology often entails applications of Artificial Intelligence (AI) to facilitate navigation and safety. For example, autonomous vehicles can often be equipped with multiple sensors around the vehicle, such as LiDAR, radar, cameras, thermometer, accelerometer GPS, Wi-Fi modules, and/or the like, which are configured to capture data reflecting the environment where the [...]