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Patent-Eligible Subject Matter › Intellectual Property Protection › New Guidance

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Subject Matter Eligibility of AI Innovations—USPTO’s Updated Guidance

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

This article discusses the July 17, 2024 guidance issued by the United States Patent and Trademark Office (“USPTO”) regarding the subject matter eligibility of patent claims involving artificial intelligence (“AI”). The...more

Baker Botts L.L.P.

The Importance of Prong Two of Step 2A for AI inventions

Baker Botts L.L.P. on

Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more

Eversheds Sutherland (US) LLP

The reality of patent claims using artificial intelligence: USPTO publishes AI guidance

Eversheds Sutherland (US) LLP on

The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO...more

Jones Day

USPTO Issues Patent Eligible Subject Matter Guidance for AI Inventions

Jones Day on

The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. economic and technological advancements are especially acute in the fast advancing AI space. Stakeholders...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Update on USPTO Guidance for AI Subject Matter Eligibility

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is...more

Foley Hoag LLP

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence Inventions

Foley Hoag LLP on

On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence...more

Rothwell, Figg, Ernst & Manbeck, P.C.

This Summer in Artificial Intelligence: Newly Released USPTO Guidance and Exemplary Worldwide Inventorship Updates

Rothwell, Figg, Ernst & Manbeck, P.C. on

The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of...more

Fox Rothschild LLP

New USPTO Guidance Describes Patent Eligibility for Inventions That Use AI

Fox Rothschild LLP on

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues AI Subject Matter Eligibility Guidance

Sheppard Mullin Richter & Hampton LLP on

The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more

Woods Rogers

Industry Reacts to USPTO Guidance on Using AI to Innovate

Woods Rogers on

Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more

Stinson LLP

USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

Stinson LLP on

The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

Smart & Biggar on

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

White & Case LLP

USPTO provides guidance on the patentability of AI-assisted inventions

White & Case LLP on

On February 13, 2024, the US Patent and Trademark Office (USPTO) issued examination guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI) (the "Guidance"). The Guidance is...more

Ballard Spahr LLP

USPTO Guidance: Human Contribution Is Key to Patent Eligibility

Ballard Spahr LLP on

The United States Patent and Trademark Office (USPTO) recently published guidance regarding artificial intelligence (AI) assisted invention. The explanatory guidance acknowledges that “while an AI system may not be named an...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO issues new guidance on AI’s role in inventorship of patents

McDonnell Boehnen Hulbert & Berghoff LLP on

On February 12, 2024, the United States Patent and Trademark Office (USPTO) issued guidance clarifying the role of artificial intelligence (AI) in the inventorship of patents. The document exhibits a nuanced approach to the...more

Faegre Drinker Biddle & Reath LLP

October 2019 Patent Eligibility Guidance Update

Faegre Drinker Biddle & Reath LLP on

Earlier this year, the United States Patent and Trademark Office (USPTO or “the Office”) published the 2019 Revised Subject Matter Eligibility Guidance (2019 PEG), which set forth newly revised procedures to be used by USPTO...more

Holland & Knight LLP

The PTAB Provides Guidance on Patent Eligibility Framework

Holland & Knight LLP on

Earlier this month, the Patent Trial and Appeal Board (PTAB) designated as informative four of its decisions applying the newest patent eligibility framework. This new eligibility framework, based on the United States Patent...more

Fenwick & West LLP

Still No Shortage of Viewpoints as Eligibility Debate Moves to the Hill

Fenwick & West LLP on

Back in March, I reported on the breadth of comments the USPTO received in response to its new Guidance on patent subject matter eligibility. Now, Congress has taken up the issue with a proposed draft of a new bipartisan,...more

Mintz - Intellectual Property Viewpoints

Under New Guidance: Patent Eligibility of Computerized Diagnostics at the PTAB

Mintz - Intellectual Property Viewpoints on

We previously reported here on a Patent Trial and Appeal Board (PTAB) decision involving a case in which a patent eligibility rejection was overcome by replacing a “comparing” step with a recitation that the sample is from a...more

Fenwick & West LLP

No Shortage of Viewpoints on New USPTO Patent Eligibility Guidelines

Fenwick & West LLP on

In January, the USPTO announced it would seek comments on the new Guidance it had published on patent subject matter eligibility. We have previously discussed this Guidance and won’t repeat ourselves here. ...more

Polsinelli

New Patent Office Guidance and Blockchain-based Patents

Polsinelli on

Recently, the Patent Office announced two new Guidance documents which although not targeted specifically to blockchain technology provide insight into strategies for the drafting and prosecuting of blockchain-based patents....more

Chambliss, Bahner & Stophel, P.C.

Software Patents Get a Lifeline

Chambliss, Bahner & Stophel, P.C. on

Recent USPTO Guidance Offers Insight for Software Patent Eligibility - By now most of you have probably heard that "software patents" and "software patent applications" have had a rough time for the past 4 ½ years. Some of...more

Hogan Lovells

USPTO Announces Revised Guidance for Subject Matter Eligibility

Hogan Lovells on

The United States Patent and Trademark Office (USPTO) kicked off the new year in a big way by releasing its “2019 Revised Patent Subject Matter Eligibility Guidance”. ...more

Mintz - Intellectual Property Viewpoints

European Patent Office Issues New Guidelines on Artificial Intelligence and Machine Learning

Mintz - Intellectual Property Viewpoints on

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more

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