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 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).
- "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
- Living in an AI World: An Artificial Intelligence Law Guide (Book) (2022). – Eugene Goryunov, Author and Lead Editor
- "Where We Are on AI Inventorship and Where We Should be Heading," IPWatchdog, October 12, 2021. – David McCombs, Eugene Goryunov, and Dina Blikshteyn
- 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
- “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
A podcast series covering a broad range of technology and legal topics in artificial intelligence (“AI”) and deep learning.
- 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; 11/08/2021
- Abstract Ideas, Reemergence of Mental Steps Doctrine, and Patent Eligibility for AI Inventions; 10/14/2021
- AI and Startups; 09/27/2021
- Overcoming Algorithmic Bias; 09/07/2021
- Recent Developments in AI Inventorship; 08/09/2021
- Toward Carbon-Neutral Electricity and Mobility: AI for Smart Grid; 08/02/2021
- Patent Searching with AI; 07/19/2021
- AI and Contracts; 07/06/2021
- Supreme Court’s Decision in Google v. Oracle and Its Implication on AI Copyright Liability; 06/21/2021
- AI and Fraud; 06/07/2021
Haynes and Boone, LLP Partner Raghav Bajaj has been selected to serve on the Steering Committee for the Texas Minority Counsel Program (TMCP), a diversity initiative of the State Bar of Texas. For three decades, the TMCP has worked to increase opportunities for minority, women, and LGBTQ+ attorneys who provide legal services to corporate and government clients and to expose organizations to the [...]
Haynes Boone Advises Biotech Startup Mekonos in Partnership With InvestorsNovember 10, 2021