Michael Ben-Shimon

Listen in to this podcast with our Tradespace CEO Alec Sorensen to see how we can help you with context-enabled decision making for your IP strategies. Exciting content!

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Generative AI Patent Essentials for Tech Founders 1. Patent Inventorship Only humans can be inventors on patents. When using AI: - The USPTO has guidelines on AI-assisted inventions. - Human contribution must be significant. - Document all human inputs and decisions. 2. AI-Generated Prior Art AI can create a lot of potential prior art, affecting patents: - More prior art means higher costs and complexity. - AI content may have inaccuracies. - Courts may set new rules for AI-generated prior art. Prepare for thorough prior art searches and challenges. 3. Patent Eligibility AI inventions face challenges under the abstract idea exception: - Improvements to AI models or unique AI applications are more likely patent-eligible. - How you present claims is crucial. Focus on concrete technological improvements and specific applications. 4. Regulatory Considerations USPTO has guidance on using AI in patent practice: - Only humans can sign submissions. - Online AI tools may trigger public disclosure rules. - Ensure accuracy of AI-generated content. Use caution with confidential info and verify AI outputs. 5. Recent USPTO Guidance New guidelines on AI-assisted inventions and AI tools: - AI-assisted inventions are not unpatentable. - AI use is not a factor in subject matter eligibility. - Disclose AI use material to patentability. - Extra care with AI in drafting applications and generating evidence.

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Great article by Marisa Woutersen at WIPR - World IP Review on Nvidia's rise to be the world's most valuable company. She looks at the relevance of their patent portfolio and compares Nvidia's patent portfolio with other Big Tech companies. The article is behind a paywall but my key takeaways are: - It's very difficult to compare a company like Nvidia that basically has one product (monster graphics cards - yes I know they do a bit more) and tech companies like Samsung who have 100s of products. Inevitably Samsung has way more patents. - AMD is probably their most similar competitor, and Nvidia is ahead here in terms of overall patent filings. - Nvidia is clear playing catch-up with patent filings. They have more pending applications than any other company listed. This suggests there is a realisation that the patent portfolio hasn't kept pace with the company value. Of course, it might also reflect the fact that the suddenly have a lot more cash! - Clearly the value in the portfolio will depend on what and where they invest. The article notes that while AI applications represent core value, where else they invest to diversify beyond AI will be key. The brilliant charts in the article provided by Andrew Samm at Patently. EIP - Better, different.

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Dual-Tech SEPs: How to Navigate Licensing? 📶 Dual Technology Standard Essential Patents (SEPs) are patents essential to multiple standards. 📶 Example: A patent for OFDMA applicable to both 5G and Wi-Fi 6. 📶 Will an IoT device maker have to pay royalty multiple times for the same technology used in same device? 📶 Factors that may drive the Licensing discussions. For example SEP’s relevance to core operations vs. peripheral functions. 📶How to Overcome licensing challenges, lets discuss. #SEP #standardesssentialpatents #5G #WiFi #IoT #patentlicensing

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➡️ All IP people, this is a list to follow! Mustafa Cakir, RTTP, QPIP makes a weekly wrap up of top IP posts in LinkedIn. This week I got to the list too! Easy way to keep up interesting and relevant IP topics! Thanks for sharing Mustafa!

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專利授權作業最重要的議題是取得Claim Chart與Sales Figures，傳統作業流程需要配置許多人力（橘色框內容），導入軟體與AI工具（白色框內容），能大量加速取得Claim Chart與Sales Figures，重新定義專利資產價值。 The most critical issues in patent licensing operations are obtaining Claim Charts and Sales Figures. The traditional workflow requires allocating significant human resources (content in orange boxes). Introducing software and AI tools (content in white boxes) can greatly accelerate the acquisition of Claim Charts and Sales Figures, redefining the value of patent assets.

Discover the nuances of IP enforcement online in AIPLA's next CLE webinar, "The Fine Line Between Battling Online Infringers & Engaging in IP Trolling," presented by Sarah Burstein and Eric Goldman. 🗓️ Date: May 29, 2024 ⏰ Time: 12:30-2:00 PM ET 💻 Format: Virtual 💸 Cost: Free for AIPLA members not requesting CLE credits ➡ Register today: https://lnkd.in/e-KH524e #AIPLA #Webinar #CLE #IP #IPlaw #Intellectualproperty #Intellectualpropertylaw #Law #Legal #Lawprofessional #Register #OnlineTrolling #ProtectYourIP #IPRights #LegalWebinar #Education #Networking #Careergrowth #Lawlife

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Interesting findings from Questel / ConcurIP's 5G report. In standard essential patents, the issue of "over-declaration" comes up a lot, but this is the first time I have seen it quantified with an extensive manual review. According to the report, only 20% of the patent families declared to ETSI as essential actually are, in fact, essential.

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I greatly agree to Clint Mehall's great article here, but since he asked here’s a slightly opposing view to spark the discussion: An LLM could easily be finetuned on all published applications of the client, selected competitors, or even the entire technical field. Who will come up with a better first draft of the claims, such a vastly literate LLM or an associate who has seen maybe a handful of relevant applications? Another use case is using the LLM as a brainstorming buddy to let it suggest workarounds for a given claim draft. Also this will improve quality, right? That said, my recommendation is to use AI to make suggestions, not decide anything obviously. Thinking that the entire process from the IDF to the full patent application can be automated with a 1-click AI, as some seem to propose, is a big mistake in my opinion. It should always be the human who decides on the claims in the end, not the AI. The reason is that deciding on the claims is a highly strategical task that has no analytically optimal solution. Yet, many parts of the patent drafting process can be greatly streamlined with AI, even with off-the-shelf LLMs. Coincidentally, I’m running a whole online seminar on this topic on Tuesday. Ticket sale ends tonight though: https://lnkd.in/djeMZKUc 

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𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗱𝗼 𝗺𝘂𝗰𝗵 𝗺𝗼𝗿𝗲 𝘁𝗵𝗮𝗻 𝗲𝘅𝗽𝗮𝗻𝗱 𝘆𝗼𝘂𝗿 𝗽𝗮𝘁𝗲𝗻𝘁 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻--𝘁𝗵𝗲𝘆 𝘀𝗶𝗴𝗻𝗮𝗹 𝘃𝗮𝗹𝘂𝗲 𝗮𝗻𝗱 𝗽𝗼𝘄𝗲𝗿 𝘁𝗼 𝗶𝗻𝘃𝗲𝘀𝘁𝗼𝗿𝘀, 𝗮𝗰𝗾𝘂𝗶𝗿𝗲𝗿𝘀, 𝗺𝗼𝗻𝗲𝘁𝗶𝘇𝗮𝘁𝗶𝗼𝗻 𝗳𝘂𝗻𝗱𝗲𝗿𝘀, 𝗮𝗻𝗱 𝗶𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗿𝘀 𝗼𝗳 𝘆𝗼𝘂𝗿 𝗽𝗮𝘁𝗲𝗻𝘁𝘀. Those who make decisions about patents know what I've described in this series about the benefits of using continuation patent applications to build an extensive patent portfolio--especially that such portfolios have increased value, enforceability, and defensibility. As a result, when you communicate with anyone about your patent portfolio--whether an investor, a potential acquirer, a litigator or litigation funder, or an infringer--𝘁𝗵𝗮𝘁 𝗽𝗮𝗿𝘁𝘆 𝘄𝗶𝗹𝗹 𝗯𝗲 𝗺𝗼𝗿𝗲 𝗮𝘁𝘁𝗿𝗮𝗰𝘁𝗲𝗱 𝘁𝗼 (𝗼𝗿 𝗮𝗳𝗿𝗮𝗶𝗱 𝗼𝗳 𝗱𝗲𝗳𝗲𝗻𝗱𝗶𝗻𝗴 𝗮𝗴𝗮𝗶𝗻𝘀𝘁) 𝘆𝗼𝘂𝗿 𝗽𝗼𝗿𝘁𝗳𝗼𝗹𝗶𝗼 𝗶𝗳 𝗶𝘁 𝗶𝗻𝗰𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗲𝘀 𝗰𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻𝘀 𝘁𝗵𝗮𝗻 𝗶𝗳 𝗶𝘁 𝗱𝗼𝗲𝘀𝗻'𝘁. 𝗜𝗻𝘃𝗲𝘀𝘁𝗼𝗿𝘀 𝗮𝗻𝗱 𝗙𝘂𝗻𝗱𝗶𝗻𝗴 Investors and funders, always on the lookout for signs of a company’s forward-thinking mindset and adaptability, see continuation applications as indicators of a dynamic IP strategy and the ability to maintain a competitive moat in the long term. 𝗣𝗼𝘁𝗲𝗻𝘁𝗶𝗮𝗹 𝗔𝗰𝗾𝘂𝗶𝗿𝗲𝗿𝘀 For companies considering acquisitions, a patent portfolio enriched with continuation applications offers the ability to adapt the portfolio to satisfy the acquirer's business needs--including enforcing the portfolio's patents against the acquirer's competitors. 𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗼𝗿𝘀 𝗮𝗻𝗱 𝗠𝗼𝗻𝗲𝘁𝗶𝘇𝗮𝘁𝗶𝗼𝗻 𝗙𝘂𝗻𝗱𝗲𝗿𝘀 Those who engage in and fund patent litigation and other forms of patent monetization are drawn to portfolios with active continuation applications because they know that such portfolios provide the strategic flexibility that can be critical in succeeding in infringement actions and licensing negotiations. 𝗜𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗿𝘀 On the other side, infringers calculate the risk of litigation based on the strength and scope of a patent portfolio. Portfolios with pending continuation applications represent a moving target—one that can adapt to enclose infringing activities within its scope—making infringement a riskier and potentially costlier venture. To put it bluntly, 𝗮 𝗽𝗮𝘁𝗲𝗻𝘁 𝗽𝗼𝗿𝘁𝗳𝗼𝗹𝗶𝗼 𝗰𝗼𝗻𝘁𝗮𝗶𝗻𝗶𝗻𝗴 𝗰𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗰𝗮𝗻 𝗺𝗮𝗸𝗲 𝘁𝗵𝗲 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝗰𝗲 𝗯𝗲𝘁𝘄𝗲𝗲𝗻 𝗰𝗼𝗻𝘃𝗲𝗿𝘀𝗮𝘁𝗶𝗼𝗻𝘀 𝘁𝗵𝗮𝘁 𝗴𝗲𝗻𝗲𝗿𝗮𝘁𝗲 𝘀𝗶𝗴𝗻𝗶𝗳𝗶𝗰𝗮𝗻𝘁 𝘃𝗮𝗹𝘂𝗲 𝗮𝗻𝗱 𝗵𝗮𝘃𝗶𝗻𝗴 𝘁𝗵𝗲 𝗱𝗼𝗼𝗿 𝘀𝗹𝗮𝗺𝗺𝗲𝗱 𝗶𝗻 𝘆𝗼𝘂𝗿 𝗳𝗮𝗰𝗲. I hope you enjoyed this series on the benefits of a continuation-fueled patent strategy. Follow me for more on patent strategy: https://buff.ly/3PjP67D #patents #intellectualproperty

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Meta just unveiled Llama 3.2 at Connect 2024 bringing more AI options to mobile and edge devices. This update includes 11B and 90B vision models, plus 1B and 3B lightweight text-only models optimised for smaller platforms. Key bits from the announcement: - Vision and Text Models: Pre-trained and instruction-tuned, offering flexibility for edge and mobile use cases. - Mobile and Edge Focus: Text-only models are ideal for mobile, AR, and edge, reducing reliance on cloud infrastructure. - Guardrails for Safety: Enhanced controls improve output reliability, ensuring safer, more responsible use of AI. - Higher Token Limits: Capable of processing more complex data, perfect for tasks requiring long, detailed inputs. This latest set of models continues the wonderful trend towards more efficient and accessible AI. #genai #llama #meta #edgecomputing

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My free webinar on patents for startups is filling up fast! 🚀 If you're a German-speaking founder, this is your chance to learn how "PATENT PENDING" can help you attract investors. 👉 Register here: http://fundingmagnet.de/ The webinar will be in German. Looking forward to seeing you there. Bring all your questions!

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Join our webinar in partnership with IPWatchdog, Inc on August 29, 2024, at 12 PM ET to learn how to optimize your patent portfolio without compromising value. Discover strategies for identifying essential patents, managing costs, and making data-driven decisions from industry experts. Register now: https://hubs.ly/Q02HDrmY0 #weintraub #keker #manatt #Webinar #IPstrategy #IntellectualProperty

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Law IP Assets Strategy & Risks. How might better ip Stategy help the ai field? Fewer flops? Build strong ip foundation, be ready to XLic, don’t rush products, dont depend on 1st but robust combinations of Pt Tm Cr TS Lic to get value from real innovation? - I3PM International Institute for Intellectual Property Management - Dr. Benjamin DELSOL - Dr. Dominique Christ - Priggya Arora - Prof. Dr. Alexander J. Wurzer - Shmuel Silverman - Martin Schweiger - Donal O'Connell - “Its setbacks are part of a pattern of stumbles across the world of generative A.I., as companies release unpolished products. Over the past two years, Google has introduced and pared back A.I. search abilities that recommended people eat rocks, Microsoft has trumpeted a Bing chatbot that hallucinated and Samsung has added A.I. features to a smartphone that were called “excellent at times and baffling at others.”

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𝐂𝐡𝐢𝐧𝐚 𝐋𝐞𝐚𝐝𝐬 𝐭𝐡𝐞 𝐂𝐡𝐚𝐫𝐠𝐞 𝐢𝐧 𝐆𝐞𝐧𝐞𝐫𝐚𝐭𝐢𝐯𝐞 𝐀𝐈 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 🌍 🔍 𝐊𝐞𝐲 𝐇𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬:: • Patent Dominance: China filed over 38,000 patents in generative AI between 2014-2023, six times more than the U.S. • Generative AI Boom: Over 50,000 patent applications in the last decade, with a quarter in 2023 alone. • Diverse Applications: Chinese patents span autonomous driving, publishing, and document management. • Top Innovators: ByteDance, Alibaba, and Microsoft are leading applicants. 𝐈𝐦𝐩𝐚𝐜𝐭 𝐨𝐧 𝐀𝐈 𝐢𝐧 𝐂𝐡𝐢𝐧𝐚 𝐚𝐧𝐝 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐨𝐫𝐲 𝐅𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤: China's dominance in generative AI patents underscores its strategic emphasis on AI development. This leadership positions China as a global hub for AI innovation, driving advancements across multiple sectors. The regulatory framework in China is likely to evolve to support this rapid growth, ensuring robust intellectual property protection and fostering an environment conducive to further AI breakthroughs. 🌐 𝐆𝐥𝐨𝐛𝐚𝐥 𝐈𝐦𝐩𝐚𝐜𝐭 𝐨𝐟 𝐂𝐡𝐢𝐧𝐚'𝐬 𝐀𝐈 𝐋𝐞𝐚𝐝𝐞𝐫𝐬𝐡𝐢𝐩: China's advancements in generative AI have significant global implications. The sheer volume of patents signals a transformative potential for industries worldwide, from customer service to scientific research. As Chinese AI technologies proliferate, they will shape global standards and practices, influencing how countries and companies approach AI innovation and integration. WIPO expects another wave of generative AI patents, illustrating the ongoing rapid growth and innovation in this space. This trend will likely see further technological integration and cross-border collaboration, enhancing global AI capabilities. How will China's leadership in generative AI patents influence global AI development and regulatory frameworks? #AI #GenerativeAI #China #Innovation #Patents #Technology #WIPO #GlobalImpact #AIRegulation #FutureTrends #WithLaw #WLConsultech #WithLawPeople #learnWithLaw https://lnkd.in/dUQ8y637 Disclaimer: The Content in this post is for informational purposes only derived from references and does not constitute any professional advice. We do not claim ownership of any data or Information referenced

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𝗧𝗵𝗲 "𝗦𝗼𝗻𝗴 𝗼𝗻 𝗮 𝗖𝗗" 𝗣𝗿𝗼𝗯𝗹𝗲𝗺: 𝗔 𝗣𝗮𝗿𝗮𝗱𝗼𝘅 𝗶𝗻 𝗦𝗼𝗳𝘁𝘄𝗮𝗿𝗲 𝗣𝗮𝘁𝗲𝗻𝘁 𝗘𝗹𝗶𝗴𝗶𝗯𝗶𝗹𝗶𝘁𝘆 The "song on a CD" problem illustrates a fundamental paradox in how the patent system evaluates software patent eligibility. Here's why it matters for your software innovations. Consider two scenarios: • A blank CD is undeniably patent-eligible as a manufacture under 35 USC 101. • Record a song on that CD, and it's still a manufacture—just one storing data in a particular pattern of physical marks. Yet when we apply this same logic to software patents, courts often reach a different conclusion: • A computer with no software is patent-eligible as a machine. • Load software onto that computer, and courts may suddenly declare it patent-ineligible as an "abstract idea," even though—like the song on the CD—the software is just data stored in a particular pattern. 𝗧𝗵𝗲 𝗜𝗺𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗦𝗼𝗳𝘁𝘄𝗮𝗿𝗲 𝗣𝗮𝘁𝗲𝗻𝘁𝘀 This inconsistency has real consequences: • Courts routinely reject patent claims for programmed computers that are functionally identical to patent-eligible hardware implementations. • The same invention may be considered patent-eligible when implemented in hardware but patent-ineligible when implemented in software. • This disparity creates a perverse incentive to "disguise" software innovations as hardware to overcome eligibility rejections. 𝗔𝗱𝗱𝗿𝗲𝘀𝘀𝗶𝗻𝗴 𝗟𝗲𝗴𝗶𝘁𝗶𝗺𝗮𝘁𝗲 𝗖𝗼𝗻𝗰𝗲𝗿𝗻𝘀 Some argue that treating physical embodiments of songs as patent-eligible would lead to absurd results. However, these concerns can be addressed through other patentability requirements without distorting patent eligibility doctrine. A song encoded on a CD would fail patent law's utility requirement (as it serves no technological function), which can effectively screen out inappropriate attempts to patent aesthetic works while not excluding useful software-based inventions. 𝗧𝗵𝗲 𝗕𝗶𝗴𝗴𝗲𝗿 𝗣𝗶𝗰𝘁𝘂𝗿𝗲 The "song on a CD" problem reveals a deeper issue: our patent system struggles to consistently evaluate the patent eligibility of information-based innovations. As software continues to drive innovation across industries, this inconsistency creates uncertainty for inventors and companies seeking to protect their intellectual property. Until courts resolve this paradox, software patent practitioners must continue carefully crafting claims to navigate these complex waters by focusing on specific technological implementations rather than underlying information processing concepts. The complexity of software patent eligibility makes it crucial to work with experienced patent attorneys. If you have innovative software that needs protection, reach out to discuss strategies for developing patent applications that can overcome eligibility challenges while providing meaningful protection for your technology. #patents #softwarepatents #ip

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Onchain IP 🤝 AI Agents: 2025 will be the year of the agents, here’s what's coming → What is happening? ▪︎ Introducing ATCP/IP = Agent Transaction Control Protocol for Intellectual Property ▪︎ Think of it as the TCP/IP of the agent world, standardizing IP transactions between agents. ATCP/IP mirrors the foundational role of TCP/IP in the internet. Just as TCP/IP standardized data transmission, ATCP/IP aims to standardize IP transactions between agents. ▪︎ The framework has been developed by Andrea Muttoni and Jason Zhao from Story Foundation. → How will it be done? ▪︎ ATCP/IP establishes a framework, ultimately eliminating the need for human intermediaries in IP transactions. ▪︎ The protocol outlines a clear process for agent-to-agent IP transactions, encompassing request, terms, formulation and negotiation, license minting, payment, IP delivery, and acknowledgment. ▪︎ ATCP/IP relies on a programmable terms system, such as Story's Programmable IP License (PIL), to define and enforce the rules of IP usage: "The terms system used should be programmable in nature to facilitate the parsing and formulation of the terms." ▪︎ The protocol integrates with existing agent frameworks, like ZerePy, Eliza, and GOAT, making adoption relatively easy (for those anyway who don't think blockchain is a solution in search of a problem...😉). → What areas need further research and development? ✅ Building robust reputation systems. 👥 Optimizing agent-to-agent negotiation. 🆔 Creating an IP-based digital identity system. 💲Facilitating recurring payments and royalty structures. 🗺 Geographies: ensuring compliance with diverse legal and regulatory landscapes across jurisdictions. The economic potential is huge. Very excited for the coming developments in the IP economy and being part of this journey with Reinvent DAO is the 🍒 on top. My prediction 🔮 is that there will be a massive divergence ↔️ between agentic and legacy systems in the coming years. 🔗 link to the white paper in comments #AI #ArtificialIntelligence #AgentEconomy #IPExchange #Blockchain #Decentralization #OnChainIP #IPAgents #AIAgents

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