IP Monday Law Blog
In my last post, I wrote about the importance of asking the right question because the answer you get is only as good as the question you ask. That idea is practically universal, it also shows up in how patent eligibility under 35 U.S.C. §101 is being applied, especially for AI and software.
A recent precedential decision from the United States Patent Trademark Office's (USPTO) Appeals Review Panel, Ex parte Desjardins, is a good example of what happens when the wrong question gets asked and then corrected.
The Wrong Question
For a while now, many §101 rejections, particularly in AI, have ...
Every parent knows the script. “How was school?” “Good.” “How’s class?” “Fine.” “Good talk, kiddo.”
It’s funny because it’s true, teenagers don’t want to talk. Not to nosy parents, not to teachers, not to coaches. Definitely not to anyone who isn’t at least 5% charged.
At least, that’s what we (as adults) tell ourselves. But what if the answer has been sitting right in front of us the whole time? What if the questions are just… bad? Or, at the risk of sounding a little meta, what if better questions change the conversation entirely?
One that actually ...
