Transistor (https://transistor.fm) https://feeds.transistor.fm/thinking-makes-it-so-debe58c9-619a-4a1c-b867-8ee07330cea9 Artificial intelligence patent law, from a registered patent attorney. Every Monday, the week's developments: Federal Circuit decisions, Patent Office guidance, and what the largest AI companies are filing. Every Friday, original data computed from Patent Office records. On Wednesdays, a longer episode on the Supreme Court, the inventions that changed things, and what Shakespeare can teach a lawyer. On Saturdays, one granted artificial intelligence patent, explained from what the technology does to what the patent lets its owner stop others from doing. And a short episode on each new Federal Circuit decision on artificial intelligence patents. From Jon Burbage of Burbage Law, PC, in Salt Lake City. Nothing in this podcast is legal advice. © 2026 Burbage Law, PC 4eb452c3-8c6e-534c-9f3e-dad28e4ebb6f yes en Wed, 28 Oct 2026 08:09:36 -0600 Wed, 28 Oct 2026 08:10:34 -0600 https://burbagelaw.com https://img.transistorcdn.com/OHIDIrTGCV9UKjO-k3jh8BEHVq1GcdVfGEqnygiFx60/rs:fill:0:0:1/w:1400/h:1400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS83Zjc5/Mzc0OTRmYmFiNjNh/YTJkYTBiZmI3YWJh/MDcyZS5qcGc.jpg https://burbagelaw.com episodic Jon Burbage Artificial intelligence patent law, from a registered patent attorney. Every Monday, the week's developments: Federal Circuit decisions, Patent Office guidance, and what the largest AI companies are filing. Every Friday, original data computed from Patent Office records. On Wednesdays, a longer episode on the Supreme Court, the inventions that changed things, and what Shakespeare can teach a lawyer. On Saturdays, one granted artificial intelligence patent, explained from what the technology does to what the patent lets its owner stop others from doing. And a short episode on each new Federal Circuit decision on artificial intelligence patents. From Jon Burbage of Burbage Law, PC, in Salt Lake City. Nothing in this podcast is legal advice. Artificial intelligence patent law, from a registered patent attorney. patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare Jon Burbage jon@burbagelaw.com No No October 28: Diamond v. Diehr and the rubber press full ca2ca544-4f69-45bf-8802-efd6f6fec53f https://share.transistor.fm/s/a9cb200f Wed, 28 Oct 2026 06:13:00 -0600 Jon Burbage Jon Burbage 535 In 1981 the Supreme Court held, five to four, that a rubber-curing process run by a computer could be patented. Jon and Catie on Diamond v. Diehr, the two cases before it that said no, how Alice read it in 2014, and what it means for anyone patenting artificial intelligence today. Sources: Diamond v. Diehr, 450 U.S. 175 (1981): https://supreme.justia.com/cases/federal/us/450/175/ Parker v. Flook, 437 U.S. 584 (1978): https://supreme.justia.com/cases/federal/us/437/584/ Gottschalk v. Benson, 409 U.S. 63 (1972): https://supreme.justia.com/cases/federal/us/409/63/ Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014): https://supreme.justia.com/cases/federal/us/573/208/ US Patent 4,344,142: https://patents.google.com/patent/US4344142A/en Read the article: https://burbagelaw.com/podcast.html Nothing in this podcast is legal advice. In 1981 the Supreme Court held, five to four, that a rubber-curing process run by a computer could be patented. Jon and Catie on Diamond v. Diehr, the two cases before it that said no, how Alice read it in 2014, and what it means for anyone patenting arti patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare No October 26: File before you publish, older patents at the Board, and China's export catalogue full 0d193003-0465-4ae5-9bab-d708c0c16e52 https://share.transistor.fm/s/a74a5686 Mon, 26 Oct 2026 17:40:03 -0600 Jon Burbage Jon Burbage 591 OpenAI's published applications on reasoning summaries (Pub. Nos. 2026/0330193 and 2026/0330194) and Google's on generalized residual attention blocks (Pub. No. 2026/0330219), and why a patent program files before anything is published; Google LLC v. VirtaMove, Corp., No. 25-1230 (U.S. Oct. 19, 2026) (certiorari denied) and the Patent Office's institution figures for fiscal year 2026; and China's draft revision of its catalogue of technologies prohibited or restricted from export (Announcement No. 48 of 2026). The entries: https://burbagelaw.com/entries/2026-10-22-openai-claims-buffer-turns-reasoning-model-s-hidden.html https://burbagelaw.com/entries/2026-10-22-google-claims-residual-block-lets-layer-attend-over.html https://burbagelaw.com/entries/2026-10-19-supreme-court-declines-review-office-s-settled-expec.html https://burbagelaw.com/entries/2026-10-16-china-s-draft-export-catalogue-would-restrict-ban-ex.html Read the article: https://burbagelaw.com/updates.html Nothing in this podcast is legal advice. OpenAI's published applications on reasoning summaries (Pub. Nos. 2026/0330193 and 2026/0330194) and Google's on generalized residual attention blocks (Pub. No. 2026/0330219), and why a patent program files before anything is published; Google LLC v. Virt patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare No October 24: The patent behind the T in GPT full 36f3be01-ed53-4878-993f-a6bd2a9f0f6f https://share.transistor.fm/s/35276ba0 Sat, 24 Oct 2026 06:13:00 -0600 Jon Burbage Jon Burbage 777 Jon and Catie walk through US Patent 10,452,978, Google's patent on the transformer, the design behind the T in GPT. Starting from what a neural network is, they build up to what claim one covers, what the dependent claims add, and four drafting lessons for anyone patenting artificial intelligence. Sources: US 10,452,978 B2, Attention-based sequence transduction neural networks: https://patents.google.com/patent/US10452978B2/en Claims of US 10,452,978: https://patents.justia.com/patent/10452978 US 12,217,173 B2: https://patents.google.com/patent/US12217173B2/en Attention Is All You Need (arXiv, version 1): https://arxiv.org/abs/1706.03762v1 Generative pre-trained transformer (Wikipedia): https://en.wikipedia.org/wiki/Generative_pre-trained_transformer Read the article: https://burbagelaw.com/podcast.html Nothing in this podcast is legal advice. Jon and Catie walk through US Patent 10,452,978, Google's patent on the transformer, the design behind the T in GPT. Starting from what a neural network is, they build up to what claim one covers, what the dependent claims add, and four drafting lessons f patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare No October 23: The agent applications of early 2025 publish full 54a63db9-bbdc-47df-8fc4-bbf080aa1022 https://share.transistor.fm/s/939099e0 Fri, 23 Oct 2026 11:09:00 -0600 Jon Burbage Jon Burbage 394 Patent applications with “agent” in the title from eight large AI companies went from 15 to 47 in the 13 weeks ending October 22, 2026, compared with the same weeks of 2025, and 42 of the 47 have priority dates in February to April 2025. Neural-network classes now appear on 45% of these companies’ AI-related publications, up from 35%. Read the article: https://burbagelaw.com/data/2026-10-23-what-big-ai-filers-are-claiming.html Nothing in this podcast is legal advice. Patent applications with “agent” in the title from eight large AI companies went from 15 to 47 in the 13 weeks ending October 22, 2026, compared with the same weeks of 2025, and 42 of the 47 have priority dates in February to April 2025. Neural-network cl patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare No October 21: The lease clause that built the Globe full e9f7016e-d365-4399-b4cb-383a0b889d77 https://share.transistor.fm/s/4b54355e Wed, 21 Oct 2026 14:24:00 -0600 Jon Burbage Jon Burbage 549 In December 1598 the Burbage brothers took apart the Theatre, London's early playhouse, and used its timber to build the Globe. Their landlord, Giles Allen, sued for years over a lease that let them remove the building only before its term ended. Jon and Catie on the clause, the deadline, and what it means for every contract right that expires on a date. Sources: Shakespeare and the London Theatre (SHaLT), De Montfort University, The Theatre, 1576-98: https://shalt.dmu.ac.uk/locations/theatre-1576-98/indepth.html Folger Shakespeare Library, Shakespeare Documented, Allen v. Burbage: https://shakespearedocumented.folger.edu/resource/document/allen-v-burbage Folger Shakespeare Library, Shakespeare & Beyond, Razing the Theatre, raising the Globe: https://www.folger.edu/blogs/shakespeare-and-beyond/raising-globe-theatre/ Joseph Quincy Adams, Shakespearean Playhouses (1917): https://www.gutenberg.org/files/22397/22397-h/22397-h.htm Wikipedia, Peter Street (carpenter): https://en.wikipedia.org/wiki/Peter_Street_(carpenter) Read the article: https://burbagelaw.com/podcast.html Nothing in this podcast is legal advice. In December 1598 the Burbage brothers took apart the Theatre, London's early playhouse, and used its timber to build the Globe. Their landlord, Giles Allen, sued for years over a lease that let them remove the building only before its term ended. Jon and patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare No October 19: The Board's appeal odds, invention records, and two AI filings full 24ac0c76-9fae-4c99-92c9-aea1cb43c8aa https://share.transistor.fm/s/8996a54e Tue, 20 Oct 2026 17:32:00 -0600 Jon Burbage Jon Burbage 425 The Patent Trial and Appeal Board's fiscal year 2026 appeal numbers and what they mean for artificial intelligence applications; Google v. Valtrus Innovations (Fed. Cir. Oct. 19, 2026) and why invention records should stay in their native files; OpenAI's application on the prompt-box control that sets a token budget; and Google's application on sizing a model to a compute budget. The entries: https://burbagelaw.com/entries/2026-10-19-board-closed-fiscal-year-2026-smallest-appeal-invent.html https://burbagelaw.com/entries/2026-10-19-invention-record-survives-priority-fight-native-file.html https://burbagelaw.com/entries/2026-10-15-openai-claims-control-prompt-box-sets-how-many-token.html https://burbagelaw.com/entries/2026-10-15-google-claims-procedure-sizing-model-s-depth-width-c.html Read the article: https://burbagelaw.com/updates.html Nothing in this podcast is legal advice. The Patent Trial and Appeal Board's fiscal year 2026 appeal numbers and what they mean for artificial intelligence applications; Google v. Valtrus Innovations (Fed. Cir. Oct. 19, 2026) and why invention records should stay in their native files; OpenAI's patent law, artificial intelligence, AI patents, Federal Circuit, Supreme Court, USPTO, intellectual property, machine learning, Shakespeare No