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USPTO has issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies, including in artificial intelligence (AI). This guidance update, which goes into effect on July 17, 2024, will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law (35 § U.S.C. 101) of AI inventions. This latest update builds on previous guidance by providing further clarity and consistency to how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology. The guidance update also announces three new examples of how to apply this guidance throughout a wide range of technologies. #AI #ArtificialIntelligence #SubjectMatterEligibility #IntellectualProperty #Patnet #USPTO #Innovation

From Mintz: The USPTO update, effective July 17, 2024 and prompted by Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” aims to refine and clarify the process for determining the patent eligibility of AI-related inventions. Notably, it provides several examples of patent eligible and ineligible claims directed to AI technology paired with detailed eligibility analysis for each. Thus, the guidance provides practitioners with more tools to evaluate patentability of an invention and to draft claims that are more likely to avoid section 101 rejections common in software-related patent applications. #artificialintelligence #ai #patents #intellectualproperty #uspto

On July 17, the U.S. Patent and Trademark Office (USPTO) issued a 2024 Guidance Update on patent subject matter eligibility (SME), including on artificial intelligence (AI). This update complements the guidance that the USPTO issued in February 2024 regarding patent inventorship and AI-assisted inventions. Both documents were created at the direction of Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (October 30, 2023). The order directs the USPTO to “promote innovation and clarify issues” related to AI and intellectual property.

AI updates like London buses this week... - Firstly, the USPTO has helpfully issued new guidance on patent subject matter eligibility of AI-related innovations. The guidance includes three new examples to aid in the assessment of eligibility under 35 § U.S.C. 101. In their own words, the USPTO "remains committed to fostering and protecting innovation in critical and emerging technologies, including AI.” The press release with links to the guidance can be found here: https://lnkd.in/ezBPTAwm - Secondly, on our side of the pond, the much-anticipated judgement on the Emotional Perception case, concerning patent subject matter eligibility of artificial neural networks, will be handed down tomorrow. This one could have big ramifications for how we draft and prosecute AI inventions in the UK in the future. - https://lnkd.in/eu_3nP3V Finally, and sticking with the UK, AI legislation was set out in the King's Speech yesterday. UKTN have a good article on what this might mean for the AI industry here: https://lnkd.in/er4E28tV

On July 16, 2024, USPTO issued AI invention subject matter eligibility guidance under 35 § U.S.C. 101, which goes into effect on July 17, 2024. The guidance update includes three examples of how to apply USPTO’s subject matter eligibility guidance throughout a wide range of technologies of AI inventions under 35 § U.S.C. 101: Example 47 illustrates the application of the eligibility analysis to claims that recite limitations specific to AI, particularly the use of an artificial neural network to identify or detect anomalies. Example 48 illustrates the application of the eligibility analysis to claims that recite AI-based methods of analyzing speech signals and separating desired speech from extraneous or background speech. Example 49 illustrates the analysis of method claims reciting an AI model that is designed to assist in personalizing medical treatment to the individual characteristics of a particular patient. See: https://lnkd.in/e9sMfQMz See also: https://lnkd.in/eX5ZjrQ6

🚀 **New USPTO Guidance on AI Patents: A Timely Update** 🚀 The USPTO has issued updated guidance on subject matter eligibility, specifically addressing AI-related inventions. This update, effective July 17, 2024, is particularly timely given that approximately **20% of recent patent applications are AI-related**. ### Key Highlights from the New Guidance: 1. **Enhanced Clarity for AI Innovations**:   - The guidance aims to provide more clarity and consistency in evaluating the subject matter eligibility of AI-related inventions under 35 U.S.C. § 101.   - This update builds on previous guidance by offering detailed examples to help USPTO personnel and applicants understand how to apply eligibility criteria to AI claims. 2. **New Examples**:   - Three new examples illustrate the application of the eligibility analysis to AI claims:    - Use of an artificial neural network to detect anomalies.    - AI-based methods for analyzing and separating speech signals.    - An AI model designed to personalize medical treatment based on individual patient characteristics. 3. **Balancing Innovation and Patentability**:   - The USPTO emphasizes fostering innovation while preventing the monopolization of broad concepts that could hinder further advancements.   - The guidance clarifies that AI tools themselves cannot be inventors; only inventions with significant human contribution are patentable. ### Why This Matters: - **For Innovators**: This guidance provides much-needed clarity, helping innovators navigate the complexities of patenting AI technologies. - **For Patent Practitioners**: It underscores the importance of strategic patent drafting and prosecution to ensure compliance with updated eligibility criteria. - **For the AI Community**: It reflects the USPTO's commitment to supporting AI innovation while ensuring a balanced and fair patent system. ### Looking Forward: The USPTO is open to public feedback on this new guidance until September 16, 2024. This is a great opportunity for stakeholders to share their insights and help shape the future of AI patenting. For more details, you can read the full guidance updates here: (https://lnkd.in/e-nwgSqY) and explore the exampleshere: (https://lnkd.in/ekXJUyu4). #AI #Patents #Innovation #IntellectualProperty #TechLaw

IPWatchdog author Ahsan Shaikh writes: "On July 17, the U.S. Patent and Trademark Office (USPTO) issued a 2024 Guidance Update on patent subject matter eligibility (SME), including on artificial intelligence (AI). This update complements the guidance that the USPTO issued in February 2024 regarding patent inventorship and AI-assisted inventions. Both documents were created at the direction of Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (October 30, 2023). The order directs the USPTO to “promote innovation and clarify issues” related to AI and intellectual property."

For those of you holding your breath waiting for the USPTO to issue patentability guidance for AI, you can start breathing again: https://lnkd.in/gQwQTFU8

I am pleased to share my latest article on the 2024 USPTO Guidance Update on AI Patent Eligibility. This piece explores key clarifications and examples provided by the USPTO, focusing on AI. I hope you find it insightful and useful in navigating the complexities of patent eligibility.

My new article explores the new AI guidelines and includes the following takeaway: The USPTO announced its 2024 Guidance Update on Patent Subject Matter Eligibility, particularly focusing on Artificial Intelligence (AI). Effective July 17, 2024, this guidance aims to address examination procedures for U.S. patent applications under 35 U.S.C. § 101, following President Biden’s executive order on the safe development and use of AI. The 2024 AI Guidance is designed to help USPTO personnel apply existing subject matter eligibility rules to AI-related inventions during patent examination, appeal, and post-grant proceedings. It includes case examples from the Federal Circuit, which, although not AI-specific, are relevant for understanding software-related arts. Additionally, it introduces hypothetical examples (new example claims 47-49) illustrating how AI-related patent claims will be analyzed for eligibility. These examples suggest that examiners will scrutinize AI-related claims more rigorously, emphasizing the need for detailed descriptions of how AI features improve technology or technical fields and/or provide a specific medical treatment. While the guidance does not constitute new law, it replaces previous guidance and is expected to be integrated into the MPEP eventually. https://lnkd.in/giNRrpWa