Late last month, the United States Patent & Trademark Office (“USPTO”) issued a Notice seeking comments as to whether Artificial Intelligence (“AI”) can be considered an inventor on a patent.  Its questions “are designed to cover a variety of topics from patent examination policy to whether new forms of intellectual property protected are needed.”

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Since 1995, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have maintained intellectual property licensing guidelines, most recently updated in 2017.  Those guidelines, titled “Antitrust Guidelines for the Licensing of Intellectual Property,” discuss how the FTC and DOJ evaluate licensing for patents, copyrights, trade secrets, and know-how and how they