The U.S. Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies, which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings.
This latest update brings more clarity and consistency to how the USPTO and applicants should evaluate the allowability of claim subject matter in patent applications and patents relating to inventions related to AI technology.
The guideline, which became effective July 17, 2024, provides information on the USPTO’s AI efforts and additional analysis of certain areas that are particularly relevant to AI inventions, including analyses of Federal Circuit decisions on subject matter eligibility.