Dennis Crouch’s Post

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Patents; AI; and Ethics - Law Professor at the University of Missouri School of Law

I would have expected more from OpenAI -- Here is the leading claim of their most recent published patent application with a 2023 priority filing date: A system comprising: at least one processor configured to perform operations comprising: receiving an input text prompt; receiving one or more user instructions; and editing, using a language model, the input text prompt based on the one or more user instructions to generate an output text by replacing at least a portion of the input text. This one is being prosecuted by folks Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. It is not surprising that the company offered its recent patent pledge: https://lnkd.in/gCeaZBEq

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Jason S.

Attorney -- Technology Licensing | Intellectual Property | Privacy | Artificial Intelligence / Machine Learning | Product Counsel | Corporate Governance -- AI Hobbyist

2mo

Giving them the benefit of the doubt, there are at least two possible approaches here: 1) file defensively, knowing that these "innovations" were techniques already known and being applied to other areas of computer science, in which case the initial claims don't matter, or 2) file and wait to see where the market is headed and then propose new claims or continuations, in which case the initial claims don't matter. Don't judge a book by its cover or published application by its claims.

What's so bad about filing very broad initial claims and then narrowing them down later? The way I see it is that OpenAI has an interesting patent filing strategy: They put all of their US first filings through TrackOne, and many of them have issued in less than a year, before they file PCT applications. I've looked into OpenAI's patent strategy and some recent patents here: https://www.linkedin.com/events/openai-snewpatentsrevealed-aipa7239544423179550721/theater/

Eli Mazour

Clients First at Foley & Host of Clause 8 Podcast

2mo

Reminds me of Twitter's pledge that likely undermined any chance of their future patent program succeeding https://www.voiceofip.com/p/special-ep-if-twitter-sueswith-gaston-31a

Chris Hallstrom

Patent Attorney helping you protect your IP rights.

2mo

This was for a CON after a much narrower allowed claim in the patent case (Patent No. 11,983,488). Surprised that this isn’t mentioned in the article. It definitely was misleading not to mention the parent case. Also, the CON case in the article was filed April 2024, the patented parent case was filed in March 2023.

Sarthak Bhatia

I help clients create and manage their US Patent Portfolios | Master's in IP Management | B.E. Electrical Engg. (Views are personal)

2mo

Most likely a strategy, since the parent application independent claim is quite narrow. https://patents.google.com/patent/US11983488B1/en?oq=11983488

William Thomashower

Counsel at Pryor Cashman LLP

2mo

Limiting myself to what I see in Prof. Crouch's post (without reading the full spec or claims), everyone should understand that "suggestion" is not what these AI LLM's do, They take the words in the question, run it through the algorithm to pull from the LLM, and then predict an answer. And that is how you get "hallucinations" - results that don't exist. E.g. Mata v. Avianca (SDNY), NY TImes front page 5-27-23. And some lawyers didn't even learn from that. I found at least two more reported cases for possible sanctions.

Alex Chou

Primary Patent Examiner @ USPTO

2mo

A computer with a text auto-correction (or auto fill) function is nothing new 😂

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Conner Hutchisson

Patent Attorney & Litigator

2mo

I hear that big firms (like Finnegan) compete with small firms on price for patent prosecution. Not surprised by the simplicity of that independent claim.

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Harry Vartanian

Patent Attorney at Darrow Mustafa | Inventor | Cars and GenAI - Honest and Sound Advocate | Patent Policy Blogger

2mo

Lots to talk about here. The dependent claims are also broad. Signed by a newer law grad but where is the secondary review?

Apparently, the main innovation is coming up with "hallucinations" like made-up case law! 😉

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