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Patent-Eligible Subject Matter › New Guidance

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
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

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

Goodwin

USPTO Issues Further Guidance on AI-Related Patent Eligibility

Goodwin on

On July 17th, the USPTO issued a guidance update to help USPTO personnel and those who interact with the agency evaluate the subject matter eligibility of claims in patent applications involving artificial intelligence (AI)....more

Dorsey & Whitney LLP

Patent Office Publishes Subject Matter Eligibility Guidance

Dorsey & Whitney LLP on

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) announced new guidance for examination of patent applications directed to critical and emerging technologies, including artificial intelligence (AI)....more

Fenwick & West LLP

Inside USPTO’s AI Subject Matter Eligibility Guidance

Fenwick & West LLP on

In accordance with President Biden’s Executive Order on the use of Artificial Intelligence (AI) in October 2023, the U.S. Patent and Trademark Office (USPTO) has issued new subject matter eligibility guidance relating to AI...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

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

WilmerHale on

On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

BakerHostetler on

In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

Foley Hoag LLP

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

Foley Hoag LLP on

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

Rothwell, Figg, Ernst & Manbeck, P.C. on

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

Fox Rothschild LLP

New USPTO Guidance Describes Patent Eligibility for Inventions That Use AI

Fox Rothschild LLP on

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

Womble Bond Dickinson

USPTO Issues Updated Guidance on Patent Subject Matter Eligibility and AI

Womble Bond Dickinson on

From the U.S. Supreme Court’s perspective, its Mayo and Alice decisions from 2012 and 2014, respectively, are still sufficient to govern patent law’s § 101 analysis. This inference stems in-part of the Supreme Court’s cert...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues AI Subject Matter Eligibility Guidance

Sheppard Mullin Richter & Hampton LLP on

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

Woods Rogers

Industry Reacts to USPTO Guidance on Using AI to Innovate

Woods Rogers on

Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more

Stinson LLP

USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

Stinson LLP on

The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

Smart & Biggar on

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

White & Case LLP

USPTO provides guidance on the patentability of AI-assisted inventions

White & Case LLP on

On February 13, 2024, the US Patent and Trademark Office (USPTO) issued examination guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI) (the "Guidance"). The Guidance is...more

Ballard Spahr LLP

USPTO Guidance: Human Contribution Is Key to Patent Eligibility

Ballard Spahr LLP on

The United States Patent and Trademark Office (USPTO) recently published guidance regarding artificial intelligence (AI) assisted invention. The explanatory guidance acknowledges that “while an AI system may not be named an...more

Weintraub Tobin

USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

Weintraub Tobin on

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO issues new guidance on AI’s role in inventorship of patents

McDonnell Boehnen Hulbert & Berghoff LLP on

On February 12, 2024, the United States Patent and Trademark Office (USPTO) issued guidance clarifying the role of artificial intelligence (AI) in the inventorship of patents. The document exhibits a nuanced approach to the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The USPTO’s Inventorship Guidance for AI-Assisted Inventions

Rothwell, Figg, Ernst & Manbeck, P.C. on

Last year, the USPTO ruled that an artificial intelligence (AI) cannot be listed as an inventor on a patent application. See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g., “Robert Bahr, Deputy Commissioner for...more

McDermott Will & Emery

PTO Extends Public Comment Period on Patent Subject Matter Eligibility Guidance

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) seeks public feedback on its existing patent subject matter eligibility (SME) guidance. The guidance was put in place in 2019. As noted in the PTO’s July 25, 2022, blog post, the 2019...more

Smart & Biggar

Allowance of Choueifaty patent application provides insight into CIPO's future approach to patentable subject matter

Smart & Biggar on

In an apparent conclusion to the patent at the heart of the Federal Court of Canada’s decision in Yves Choueifaty v Attorney General of Canada, 2020 FC 837 [Choueifaty], Canadian patent application no. 2635393 (CA ‘393) was...more

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