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Patents vs trade secrets for inventions that use artificial intelligence

For new inventions, companies generally have the choice between filing a patent application and keeping the invention as a trade secret. Although the general factors for making that decision are well known, there are some nuances when the invention uses artificial intelligence. This presentation provides a simple framework for analyzing inventions that use machine learning, and uses that framework to develop appropriate IP strategies when inventions use AI.
Recorded Aug 11 2021 70 mins
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Presented by
David Sanker (Morgan Lewis)
Presentation preview: Patents vs trade secrets for inventions that use artificial intelligence
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  • Brands with social purpose Nov 17 2021 4:00 pm UTC 60 mins
    Rigel Moss McGrath (HGF), Rachel Platts (HGF),
    Some brands represent more than the origin of particular goods and services. They are used instead by businesses acting for positive change, to create awareness around a particular problem in society.

    The food and beverage sector is on the front line for many social issues, such as modern slavery, food waste, and packaging and its impact on the climate, and as the vast majority of society is repeatedly engaged with this sector, the potential to convey messages via a brand and to inspire change is huge.

    Through the use of case studies this webinar explores the concept of social purpose brands in the food and beverage sector and will discuss the particular aspects of protection that may be needed to protect these kinds of brands. It is an interesting, thought-provoking and very current topic of consideration for businesses looking to adopt a brand for a specific social purpose.
  • AI to find prior art: patentability & invalidation searching & patent drafting Nov 4 2021 5:00 pm UTC 67 mins
    Sakari Arvela (IP Rally), Thomas Freitag (Melexis), Jeremy Kriegel (Marshall, Gerstein & Borun LLP)
    Various forms of artificial intelligence (AI) have already changed many industries, and have had an increased impact on our daily life in the past few years. The patent space is clearly in the early stages of such a transformation as well, and traditionally labour-intensive processes may now be supported by (more or less) intelligent software.

    However, there are many different types of AI, and there are a lot of different use cases for AI in our industry. What to use, when to use it, and how these tools can be reliable aids may not always be obvious.

    In this session, IPRally will share best practices learned from customers, focusing on three specific processes:

    Invalidation searching

    How AI can be leveraged to find prior art for the purpose of invalidating a specific patent, or groups of patents.

    Patentability searching
    How AI can be used to help you understand your invention and to identify potential hurdles to patenting it.

    Guided patent drafting
    How AI can assist in an iterative patent drafting process, to help create better claims faster, and help you avoid a few office actions.

    Hear from IPRally and some of its customers about how the firm is using AI in its systems to improve these processes.
  • Emerging IP threats no IP counsel can afford to ignore, and how to handle them Recorded: Oct 20 2021 62 mins
    Joan Porta (Red Points) Lara Miller (IACC), Tom Phillips (WIPR)
    A lesson we learned in 2021 is that bad actors never cease to find new ways to steal brands’ IP. That’s why it’s essential for IP leaders to keep adapting their enforcement strategies to stay ahead of the ever-growing IP challenge.

    During this talk, the International AntiCounterfeiting Coalition and Red Points will discuss how scammers create complex network abuses by using fake websites, social profiles, and digital advertising among other techniques to deceive shoppers.

    In this webinar, you will learn:
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    2. How online sellers are eroding brands’ reputation with new IP theft techniques
    3. A list of the top pre-emptive measures IP professionals can take to protect their IP online
  • Admissibility of post-filing data in different jurisdictions Recorded: Sep 29 2021 77 mins
    Dr. Nabeela Rasheed (Amunix Pharmaceuticals), Daniel Beck (Wrays), Tony Proctor (Potter Clarkson LLP)
    The admissibility of post-filing data varies across jurisdictions, making its effectiveness subject to national patent office rules. Join our panel as they discuss these differences and the impact they have on the strategy of patent prosecution in different jurisdictions.

    In Europe, post-filing evidence can be used to counteract inventive step objections at the EPO (T939/92 and T1329/04), and in limited circumstances to overcome a lack of sufficiency (T609/02)—how does this impact strategy for patent application and prosecution in Europe?

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    The BASF Corporation [2019] APO 34 decision in Australia seems to confirm that post-filing data can establish sufficiency—how does this differ from the approaches taken in Europe and the US?

    How do these differences affect a patent strategy for global pharmaceutical and biotechnology companies?
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    Tom Phillips (WIPR), Lee Curtis (HGF), Rebecca Field (HGF)
    It is widely presumed that copyright and design rights are the principal, if not the only, way to protect key aspects of fashion design, such as the look of clothing items.

    However, trademark rights, registered and unregistered, are often overlooked from both offensive and defensive points of view. The recent decision of the UK Intellectual Property and Enterprise Court (IPEC) in Freddy v Hugz Clothing has highlighted the possibility of protecting fashion design, in that case a pair of jeans, via the common law right of passing off.

    The case highlighted some of the difficulties of enforcing such rights. Registered trademark rights, such as position trademarks, cannot and should not be overlooked when considering protecting elements of fashion design. IP rights owners should not overlook trademark rights, and if you are the subject of a claim such rights should not be dismissed.

    Join Lee Curtis and Rebecca Field, HGF, on September 8, 2021 at 4pm BST/ 11am ET for a discussion on Freddy SPA v Hugz Clothing Ltd decision and the use of registered and unregistered trademark rights in the protection of fashion design.
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    Keith Haddaway (Venable)
    Amendments to Chinese patent law went into effect on June 1, 2021. Some of these amendments have important consequences for life sciences patent practice in China. The most striking change is the establishment of a system for resolving patent disputes in the life sciences.

    While similar to the Hatch-Waxman process, the Chinese law also encompasses biologics and traditional Chinese medicines in addition to small-chemical drugs. Amendments are also directed at extensions of patent terms under particular circumstances. This presentation will include a description of the new Chinese system and a comparison to the US system.
  • Five ways to ensure the highest quality patent translation Recorded: Aug 18 2021 50 mins
    Tom Phillips (WIPR), Candida Jaco (RWS), Chris Brothers (RWS)
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    Join RWS as we present our top five tips to achieve a high-quality patent translation and to learn more about what to look out for when choosing your translation provider, to ensure they are taking the steps necessary to protect your IP.

    This session will address the common challenges of translating patents, providing you with techniques and preventive measures you can take to reduce the risks that come with protecting your IP.

    Key takeaways:

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  • Patents vs trade secrets for inventions that use artificial intelligence Recorded: Aug 11 2021 70 mins
    David Sanker (Morgan Lewis)
    For new inventions, companies generally have the choice between filing a patent application and keeping the invention as a trade secret. Although the general factors for making that decision are well known, there are some nuances when the invention uses artificial intelligence. This presentation provides a simple framework for analyzing inventions that use machine learning, and uses that framework to develop appropriate IP strategies when inventions use AI.
  • Protecting IP rights on Facebook: what you need to know Recorded: Jul 28 2021 51 mins
    Fred Felman (Appdetex), Sabrina Perelman (Facebook), Tom Phillips (WIPR)
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    In this session, we’ll explore the policies, tools and other measures Facebook has in place to combat IP infringement, and the best way for brands to work with Facebook to protect their customers on the platform.

    Join Facebook’s Sabrina Perelman and Appdetex’s Fred Felman on July 28 at 11am PST/ 2pm ET/ 7pm BST for a deep dive into Facebook’s IP protection strategy.
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    What should we make of these trends? Which trademark owners should be concerned—and who should be pleased? What litigation tools do IP owners have to protect against or take advantage of these trends? Join us to find out.
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    Tom Phillips (WIPR), and Tim Campbell (Minesoft)
    Patent citations seem like a straightforward concept, but they contain a great deal of complexity. For instance, the expectation of citing patents in a new application varies from jurisdiction to jurisdiction.

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    At the half-way point of 2021, the world has been engulfed by the COVID-19 pandemic for nearly 18 months. This amount of time is just enough to have a first look at patents and the IP landscape in Japan during this period.

    In this webinar, Sonoda & Kobayashi Intellectual Property Law will get you up to speed with 2020’s IP developments in Japan as well as give clarification on the recent trends and shifts observed at the different patent offices.

    Particular attention will be devoted to the latest figures of IP filings and litigation in Japan as well as the role of filing by international companies. The World Intellectual Property Organization reported a global increase in patent filing during 2020, but that has not been reflected in Japan, and it appears that the ongoing trend of lower total filings has grown during the pandemic.

    The webinar will also address the latest trends with regard to a sub-class of ‘green’ patents: those concerning plastic recycling. Join us as we discuss this topic and other patent trends in the Land of the Rising Sun.
  • Seven real-world wins from IP leaders using brand protection software Recorded: Jun 29 2021 64 mins
    Daniel Shapiro (Red Points), Oli Bolton (Red Points), Tom Phillips (WIPR)
    Protecting your brand is essential—it’s how you set yourself apart from the competition. When left unchecked, trademark infringement can quickly lead to financial loss and result in a dilution of your brand value.

    IP leaders all around the world are increasingly using trademark monitoring services to ensure their brands remain protected across the internet.

    How do they go about protecting their IP using technology? We have put together seven real-world examples of how IP leaders are using brand protection software to gain a competitive edge.
    Join our webinar to find out more.
    In this webinar you’ll learn:
    - Best practices for establishing an efficient and proactive policing and enforcement brand protection programme
    - How using a single tool that puts all your IP protection needs under one roof can reduce admin time and costs, and help make strategic decisions in real time
    - Seven tangible ways in which IP leaders are using brand protection software to protect their brands
    - Metrics and key performance indicators you can track to measure a brand protection software’s success
  • Pandemics and Vaccines: A Patent View Recorded: Jun 23 2021 74 mins
    Yuri Kuznetsov (Gorodissky), Dmitry Klimenko (Gorodissky), Ekaterina Mosina (Gorodissky), Oksana Karpenko (Gorodissky)
    “Pandemics and Vaccines: The Patent Practitioner View” will be presenting a look at the pandemic history of the 20th and 21st centuries, to see what the world’s biotechnologists were doing to be prepared for fighting them and how that was reflected in patent activities.

    Can new vaccines be made before a new and unforecastable pandemic occurs?
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    If we analyse their patenting, how continuously do new vaccine developments appear?

    These questions will be presented and discussed with viewers by Gorodissky’s patent attorneys who are leaders in the biotechnological arena. A particular focus will be on the situation with patenting new COVID-19 vaccines in Russia as well as on political issues around permitting use of patented vaccines as an exception from exclusive patentee rights in pandemic emergency conditions.
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    Hazel Ford (Mathys & Squire), Martin MacLean (Mathys & Squire), Peter Scott (WIPR)
    European Patent Office (EPO) practice in relation to antibody inventions has developed over the years to take account of progress in the law and advances in technology. The EPO’s approach to patenting antibodies has now been formalised for the first time in the latest edition of the EPO’s Guidelines for Examination (March 2021). In this webinar, Martin MacLean and Hazel Ford of Mathys & Squire will discuss the key issues that are likely to arise when dealing with antibody cases at the EPO, and will review the factors that the EPO will take into account when assessing patentability and when considering what is an appropriate breadth of patent in this technical area.
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    With the COVID-19 pandemic having kept many of us at home this past year, we’ve witnessed a profound surge in mobile and online commerce and a corresponding increase in scams.
    This panel will explore how bad actors’ exploits have evolved over the past year and how IP professionals are battling brand abuse networks and systemic attacks on customers and brands in our evolving digital landscape.
    Our expert panel is made up of intellectual property professionals who protect the world’s most influential and fastest-growing brands.
  • G1/19: What next for computer-implemented inventions? Recorded: Apr 22 2021 62 mins
    Pawel Piotrowicz (Venner Shipley), Richard Kennedy (Venner Shipley), Peter Thorniley (Venner Shipley)
    On March 10, 2021, the Enlarged Board of Appeal of the European Patent Office handed down the long-awaited decision in G 1/19 (Pedestrian Simulation).
    What are the key takeaways, and what does the decision mean in practice for applicants and practitioners? Venner Shipley partner Pawel Piotrowicz, who drafted and prosecuted the application and appeared before the Enlarged Board of Appeal, will discuss the key points of the decision, its impact and repercussions for best practice for simulations and other areas such as machine learning and big data.
    He will be joined by colleagues Richard Kennedy and Peter Thorniley, who also specialise in computer-implemented inventions.
    This will be an interactive webinar with a question and answer session.
  • How IP Offices are utilising AI Recorded: Jan 12 2021 60 mins
    Jamie Holcome (USPTO), Alexander Klenner-Bajaja (EPO), Jens Petter Sollie (Norweigan IPO), Peter Scott (WIPR)
    How IP Offices are utilising AI: Image Searches, Machine Translation, and Administraton

    Hear industry leader insights on:

    The importance of good data,
    The limitations of AI,
    How to manage the costs of investing in AI,
    How the offices are using AI currently
  • Brexit, trademarks and designs: the end of the beginning? Or just the beginning Recorded: Dec 16 2020 60 mins
    Lee Curtis (HGF), Peter Scott (WIPR)
    After four-and-a-half years of negotiations the dust has now settled on Brexit and its impact on design and trademark protection in the UK and EU—or has it?

    This presentation Brexit, trademarks and designs: the end of the beginning? Or just the beginning of the end? on December 16 at 3pm GMT/ 10am ET will provide an overview of what has been agreed on the protection of designs and trademarks in the UK and EU after the UK’s departure from the EU.

    The presentation will also deal with the likely ongoing impact of Brexit on UK and EU trademark practice after the end of the transition period on December 31, 2020, providing practical advice on the protection of designs and trademarks and some thoughts on where the UK and EU are likely to diverge in the future in this important area of IP law.
  • Internet Infringement Doesn't Take a Holiday Recorded: Oct 29 2020 56 mins
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    A year unlike any other - as 2020 winds down and the holiday season heats up, we can expect to see even more abuse of intellectual property and brands in digital channels.

    Join Russ Pangborn of Seed-IP and Fred Felman of Appdetex in a timely dialogue exploring the hallmarks of abuse in 2020, the current realities of enforcement and how those phenomena will affect brand protection professionals during the always-busy holiday season.
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