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Innovative Technology Artificial Intelligence Section 101

Eversheds Sutherland (US) LLP

First impressions: Federal Circuit finds applied AI claims ineligible for patenting under 35 USC 101

Answering a much-anticipated question of first impression, the Federal Circuit affirmed an Eastern District of Pennsylvania decision that invalidated machine learning-related patent claims as ineligible subject matter under...more

MoFo Tech

Recentive: Federal Circuit’s Patent-Eligibility Guideposts for Machine-Learning Inventions

MoFo Tech on

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Recentive Analytics, Inc., v. Fox Corp.

Recentive Analytics, Inc., v. Fox Corp., Appeal No. 2023-2437 (Fed. Cir. Apr. 18, 2025) In our Case of the Week, the Federal Circuit addressed a question of first impression concerning whether developments in machine...more

Goodwin

PTAB’s Reversal Sheds Light on Quantum Computing Patents

Goodwin on

Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...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

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

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

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

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

Womble Bond Dickinson

Patent Protection for Entertainment Software Inventions

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Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 3

This article is the third in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB...more

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