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Andrew Radsch Speaks with Law360 about AI Patent Litigation Trends
January 5, 2026
Munger, Tolles & Olson Partner Andrew Radsch spoke with Law360 about developments in AI patent litigation in an article titled, “Patent Litigation Trends to Watch in 2026.”
Patent attorneys are closely monitoring how courts and the U.S. Patent and Trademark Office (USPTO) assess inventorship for AI-related inventions. Recent rulings and USPTO guidance confirm that only natural persons can be an inventor for purposes of the patent laws.
In speaking with Law360, Andrew highlighted the importance of determining human contribution in AI‑related inventions as courts and the USPTO continue to refine the boundaries of inventorship. “There are going to be questions about whether there was a human contributor that in fact met the long‑standing standards for conception of an invention,” he explained, noting that litigation will increasingly probe whether an invention originated from human conception or AI‑generated output.