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Patent-Eligible Subject Matter › United States Patent and Trademark Office › Inventions

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 -
Dickinson Wright

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

Dickinson Wright on

Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial...more

Keating Muething & Klekamp PLL

Intellectual Property Law in the Age of Generative AI

Keating Muething & Klekamp PLL on

The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more

McAfee & Taft

Navigating the new USPTO guidance on AI patent eligibility

McAfee & Taft on

The U.S. Patent and Trademark Office (USPTO) recently issued new guidance regarding patent-eligible subject matter for artificial intelligence (AI). This new guidance is intended to assist patent examiners and stakeholders in...more

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

Orrick, Herrington & Sutcliffe LLP

Developing and Patenting AI Inventions: 5 Things for Biotech Companies to Consider

Orrick, Herrington & Sutcliffe LLP on

As AI tools become more prevalent in the life sciences, biotechnology companies need to evaluate AI’s impact on their ability to protect the results of their research. Recent U.S. Patent and Trademark Office (PTO) guidance...more

Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

Jones Day on

The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

Foley & Lardner LLP

Alice Patent Eligibility Analysis Divergence Before USPTO and District Court

Foley & Lardner LLP on

The Mayo/Alice framework for determining subject matter eligibility of patents under 35 U.S.C. §101 has long since antagonized both patent prosecutors and litigators alike, causing significant uncertainty in the realm of...more

Goodwin

Are AI Inventions Harder to Patent?

Goodwin on

For a recent article published in Law360, we looked at data from the US Patent and Trademark Office (USPTO) covering both AI and non-AI inventions from 2015 to 2020. Our findings show a stark difference: AI-related inventions...more

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

Baker Donelson on

As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Property Tips for America’s Quantum Hub

McDonnell Boehnen Hulbert & Berghoff LLP on

There has been a flurry of activity in Illinois over the last few months with regards to quantum computing. For example, the state enacted a package of bills that provides tax incentives for quantum computing development,...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

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

AI Inventorship: Navigating Patent Rights Around the Globe

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

Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions...more

Alston & Bird

USPTO Updates Subject-Matter Guidance to Encompass Impact of Artificial Intelligence

Alston & Bird on

The U.S. Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised...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

Ballard Spahr LLP

New USPTO Guidance Hones AI-Related Patent Eligibility Criteria

Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a...more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

Paul Hastings LLP on

The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more

Bracewell LLP

USPTO Lights the Way for AI Inventions to Shine

Bracewell LLP on

The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs? Some say the guidance is...more

Woods Rogers

AI and Invention: USPTO Issues More Guidance

Woods Rogers on

On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a...more

MoFo Tech

USPTO Guidance: Artificial Intelligence Inventions That Solve A Technical Problem Eligible For Patenting

MoFo Tech on

The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO....more

Kilpatrick

Navigating Patent Subject Matter Eligibility: Insights from USPTO Guidance

Kilpatrick on

On July 17, 2024, the United States Patent and Trademark Office (USPTO) issued comprehensive guidance (“the Guidance”) on patent subject matter eligibility that expands on previous guidance and addresses the artificial...more

McDermott Will & Emery

AI Takeover: PTO Issues More Patent Eligibility Guidance for AI Inventions

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence...more

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

Mintz - Intellectual Property Viewpoints on

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...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

Mayer Brown

USPTO Provides Insight Into Patent Eligibility in the Context of AI

Mayer Brown on

As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more

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