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ARTICLE · 20 APRIL 2021

Machine Learning To Evaluate Genetic Data Held To Be Patent Ineligible

Jones Day
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The Federal Circuit recently affirmed a Patent Trial and Appeal Board (PTAB) finding that certain claims related to genetic inheritance data analysis are patent ineligible.

United StatesIntellectual Property
Carl Kukkonen III
Carl Kukkonen III
Stephanie Mishaga
Stephanie Mishaga
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The Federal Circuit recently affirmed a Patent Trial and Appeal Board (PTAB) finding that certain claims related to genetic inheritance data analysis are patent ineligible. The claims at issue sought to protect applying a machine learning model to a number of datasets for haplotype phasing. The Court's decision in In re: Board of Trustees of the Leland Stanford Junior University provides further insight into the kinds of claims that fail to survive the two-step Alice analysis under 35 U.S.C. § 101. Under step one of Alice, the Court found the claims at issue were directed towards abstract mathematical calculations and statistical modeling. The claimed steps of "storing" and "providing" calculated data failed to transform the abstract idea under step two of Alice into patent eligible subject matter.

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