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ARTICLE · 07 FEBRUARY 2020

Machine Learning Patentability In 2019: 5 Cases Analyzed And Lessons Learned Part 1

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This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019.

United StatesIntellectual Property
Conner Hutchisson
Conner Hutchisson
Hector A Agdeppa
Hector A Agdeppa
Alex Nie
Alex Nie
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Introduction

This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019. This article begins the series by describing the USPTO's 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) in the context of the U.S. patent system. Then, this article – and the four following articles – will describe one of five cases in which Examiner's rejections under Section 101 were reversed by the PTAB under this new 2019 PEG. Each of the five cases discussed deal with machine-learning patents, and may provide some insight into how the 2019 PEG affects the patentability of machine-learning, as well as software more broadly.

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