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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

The recent examination guidance from the USPTO regarding patentability for AI-assisted inventions clarifies that a natural person can use an AI tool to create a patented invention so long as that natural person provided a "significant contribution" in view of the Federal Circuit's Pannu factors. This guidance, while not law, offers crucial insights and examples to navigate inventorship and patentability in the emerging area of AI innovation. Read the latest PatentNext.com blog post by partner Ryan Phelan here: https://bit.ly/4cfFkNJ #USPTO #PatentLaw #AIInnovation

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies, including in artificial intelligence (AI). https://lnkd.in/gzCpvaRX #AI #ArtificialIntelligence #patentpending #patent #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.

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

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."

The USPTO has released new guidance on patent eligibility for AI inventions, effective July 17, 2024. The guidance has three new examples showing how the Office expects examiners to draw the line. Guidance is open for public comment for 60 days. AI inventions are eligible, including the use of AI. As you might guess, the easiest pathway is to provide a technical solution to a technical problem. This new document is the guidebook for examiners and so is an important read for anyone working in AI patents. https://lnkd.in/gHCkwfRz

The USPTO has released a crucial update on #patent #subjectmattereligibility, focusing on artificial intelligence (#AI) inventions. This guidance, effective July 17, 2024, aims to provide clarity and consistency in evaluating AI-related patent applications under 35 U.S.C. § 101. Key takeaways for in-house patent counsel: 1. Enhanced Clarity: The guidance offers additional insights on applying subject matter eligibility criteria to AI inventions, building on previous guidelines. 2. New Examples: Three new examples demonstrate the application of the guidance across various technologies, helping practitioners navigate complex AI patent scenarios. 3. Federal Circuit Alignment: The update incorporates discussions of relevant Federal Circuit decisions on subject matter eligibility. 4. Public Feedback Opportunity: The USPTO is accepting comments on the guidance and examples until September 16, 2024. 5. Broader AI Initiative: This update is part of a larger USPTO effort addressing AI's impact on intellectual property, including recent inventorship guidance for AI-assisted inventions. For in-house counsel, this guidance presents an opportunity to refine AI patent strategies, potentially increasing the likelihood of securing protection for AI innovations. It's crucial to review the full guidance and examples available on the USPTO's AI-related resources webpage. #PatentLaw #ArtificialIntelligence #IPStrategy Thoughts on how this might impact your AI patent portfolio? Let's discuss in the comments! Citations: [1] https://lnkd.in/eUbkGXvG

The U.S. Patent and Trademark Office (USPTO) recently issued examination guidance regarding patentability for artificial intelligence (AI)-assisted inventions. The guidance states that AI-assisted inventions are not “category unpatentable.” Instead, when a natural person provides a “significant contribution” to an invention, such an invention can be patentable even if an AI system contributed to the invention. While the guidance does not constitute law, it is grounded in law, i.e., the Federal Circuit’s so-called Pannu factors, which serve as a test for ensuring that a natural person contributed, at least in part, to the conception of the invention as required in the Federal Circuit’s Thaler decision on AI inventorship. The guidance also provides several useful guidelines and examples to help patent practitioners determine what constitutes a “significant contribution” for purposes of establishing natural person inventorship and, thus, patentability for AI-assisted inventions. #intellectualproperty #patents #artificialintelligence #inventorship https://lnkd.in/dFPRrkVT  

The US Patent and Trademark Office has released guidance related to patent subject eligibility for AI inventions. Read our alert to see what applicants and examiners can expect going forward. #USPTO #AI