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United States Patent and Trademark Office › Intellectual Property Protection › Patent-Eligible Subject Matter

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
A&O Shearman

Election Results Are In—Here’s How IP Disputes Policy May Change.

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Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025....more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

Dickinson Wright

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

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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

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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

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

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

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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

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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

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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

Goodwin

Are AI Inventions Harder to Patent?

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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

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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

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Property Tips for America’s Quantum Hub

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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

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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

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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

Bracewell LLP

USPTO Lights the Way for AI Inventions to Shine

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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

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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

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

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

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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

A&O Shearman

USPTO Updates Guidance On Patent Subject Matter Eligibility For AI And Other Emerging Technologies

A&O Shearman on

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C....more

Foley Hoag LLP

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

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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

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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

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