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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

Trading Secrets

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

LexBlog IP

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

LexBlog IP

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. 2023-1336 (Fed. Sanho Corp.

Invention 111
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The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

Despite the EPO's continued insistence that the issue is settled ( IPKat ), we can expect the issue to rumble on into 2023. These included the decision in T 1349/19, finding against an inventive step attack based on a step-by-step path to a goal only known from hindsight ( IPKat ). AlphaFold, ChatGPT), DABUS is not one these.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 108
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Key Points from the USPTO’s New Guidance on AI Use

IP Intelligence

AI Patentability and Inventorship: Practitioners also face the prospect of having an AI drafting program add details, such as embodiments or other features, to an application draft that could be part of a claim or later become part of a claim. July 7, 2023). [2] Avianca Inc., 22-CV-1461 (S.D.N.Y., 2] See, e.g., 15 CFR 734.13. [3]