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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
On Friday, April 18, 2025, the Federal Circuit addressed a question of first impression regarding the validity of certain machine-learning patents under Section 101 in Recentive Analytics, Inc. v. Fox Corp., et al.,...more
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
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
In 2024, the USPTO published guidance on whether an AI-based invention is patent eligible. The guidance includes three hypothetical inventions, including one relating to using an artificial neural network for data anomaly...more
Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more
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
As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more
The United States Patent and Trademark Office (USPTO) has released a strategy document outlining organizational initiatives, trends, and goals relating to artificial intelligence (AI). The USPTO Artificial Intelligence...more
The patent landscape for artificial intelligence is poised to undergo significant transformation. Originally published in Law360 - August 23, 2024....more
This is the second post in a 3-part series. Example 48 is described below, which is directed to analyzing speech signals and separating desired speech from extraneous or background speech using AI....more
The rapid advancement of artificial intelligence has created unprecedented opportunities for innovation, but securing patent protection for AI-related inventions remains challenging under current U.S. patent law....more
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
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
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
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
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
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
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
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
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
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
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
The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more
The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more