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The patent eligibility of claims involving the use of machine learning (ML) was recently considered by the US Court of Appeals for the Federal Circuit (CAFC) in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Fed....more
In a decision with implications for machine learning-related patent filings, the Federal Circuit in Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), affirmed the District of Delaware’s...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
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
The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on...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
A recent Patent Trial and Appeal Board decision related to hybrid quantum computing paves the way for more quantum computing-related patents, and potential litigation....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
On 31 December 2024, the China National Intellectual Property Administration (CNIPA) adopted the "Guidelines for Patent Applications for AI-Related Inventions (Trial Implementation)", aiming to shed light on the specific...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
The China National Intellectual Property Administration ("CNIPA") issued the Guidelines for Patent Applications for Artificial Intelligence ("AI") Related Inventions (Trial Implementation) ("Guidelines") on 31 December 2024,...more
Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more
There has been a flurry of activity in Illinois over the last few months with regards to quantum computing. For example, the state enacted a package of bills that provides tax incentives for quantum computing development,...more
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires...more
Decision highlights the need for applicants to focus on additional improvements to technology when drafting and prosecuting applications directed to computer-implemented diagnostics methods. On March 25, 2021, the Federal...more