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What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent...more
The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more
In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437, slip op. at 18 (Fed. Cir. April 18, 2025), the Federal Circuit held that “patents that do no more than claim the application of generic machine learning to new data...more
This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more
The Federal Circuit's recent decision in Recentive Analytics, Inc. v. Fox Corp. (April 18, 2025) has garnered a lot of attention. This is not surprising: It hits on hot topics such as machine learning, artificial intelligence...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
On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided a case of first impression regarding the intersection of patent claims directed to machine learning training and patentable subject matter...more
Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more
While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...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
Hosted by American Conference Institute, the 22nd Advanced Summit on Life Sciences Patents returns for another exciting year with curated programming that will provide practical insights on how to maximize your patent term...more
On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue...more
The Federal Circuit held in Thaler v. Vidal that an “inventor” must be a human. During the patent drafting process, the human inventors meet with the patent attorney to describe the invention. In this meeting, the patent...more
The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the...more
On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which...more
The U.K. Supreme Court has followed the lead of U.S. courts and denied patent rights to an artificial intelligence (AI) system. The case demonstrates a global trend in the current patent law regime to deny inventorship to AI...more
OpenAI's prototype of ChatGPT, released at the end of November 2022, drew rapid, widespread public attention for its ability to provide articulate, human-like responses across a wide variety of knowledge domains. Numerous...more
In our first blog in this multi-part series, we explored key considerations for protecting artificial intelligence (“AI”) inventions in biotech and synthetic biology. In this part 2 of the series, we will examine some key...more