Published on: January 20, 2021

When AI Invents: Is the Invention Patentable?

In a decision published on April 27, 2020, the United States Patent and Trademark Office determined that only a human can be considered an inventor. So, who owns the patent when artificial intelligence makes the invention? What are the practical and logistical complications inherent in artificial intelligence-created inventions? With technology advancing faster than the legal system, what can we expect moving forward?

Stanley M. Gibson, Chair of JMBM’s Patent Litigation Group discusses these issues in the article, “What Happens When Artificial Intelligence Invents: Is the Invention Patentable?” published in the Vol. 41 No. 4 issue of AI Magazine.

Read the article.

Stan Gibson

Stan Gibson, an experienced technology and IP trial lawyer, represents inventors, manufacturers, owners and others in litigation centering on complicated technology. Stan's practice is national in scope and he represents both plaintiffs and defendants and has litigated dozens of cases on behalf of his clients, taking many of them to trial. Although most cases settle, Stan's ability to take cases to trial enhances their value and drives favorable verdicts and settlements. Contact him at 310.201.3548 or SGibson@jmbm.com.

Greg Cordrey

Greg Cordrey, an experienced patent litigator and former flight test engineer, represents a wide range of industries including medical device, computer, e-commerce, semiconductor, automotive, aircraft, and consumer products. He has litigated patent cases nationwide and has practiced before the Federal Circuit and the U.S. Patent and Trademark office as a registered patent attorney with experience in concurrent litigation and patent reexamination proceedings. Greg is recognized as one of the "Best Lawyers in America" in IP Law, as well as a "Super Lawyer" and "Rising Star." Contact him at 949.623.7236 or GCordrey@jmbm.com.

Rod Berman

Rod Berman is recognized by the Daily Journal as one of the top 30 intellectual property attorneys in the State of California, and by the Los Angeles Business Journal as one of the top 100 attorneys in Los Angeles. Rod's practice focuses on patent, trademark, copyright, unfair competition and internet responsibilities and includes counseling, litigation, opinions, licensing and prosecution. In addition to being a registered patent attorney, Rod is a court-recognized expert in patent and trademark law, and has successfully argued before the Federal Circuit. Contact Rod at 310.201.3517 or RBerman@jmbm.com.

Andrew Shadoff

Andrew Shadoff, is a litigation partner and a member of JMBM's Patent Litigation Group. He is experienced in handling patent, copyright and trademark infringement cases. He has obtained wins for his clients at the pleading stage and on summary judgment, and has authored multiple successful briefs in appeals before California's Second District Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit. Contact him at 310.712.6856 or AShadoff@jmbm.com.

Joe Mellema

Joe Mellema's practice focuses on litigation in federal and state courts, including the protection and enforcement of intellectual property rights, and business and commercial disputes. He has handled patent, trademark, copyright, trade secret, unfair business practices, antitrust, and business and commercial lawsuits in all phases of litigation and arbitration. In addition to a law degree, he has dual degrees in electrical engineering and physical sciences, and was formerly a systems engineer at Raytheon Company. Contact him at 949.623.7232 or at JMellema@jmbm.com.