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ARTICLE · 15 MAY 2025

Practical Strategies For Patent Protecting AI And Machine Learning Inventions

Caldwell Law
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Patent protection for inventions in artificial intelligence (AI) and machine learning (ML) is complicated by subject matter eligibility requirements, a judicially created doctrine pertaining to 35 U.S.C. § 101.

United StatesIntellectual Property
Charles Dresser
Charles Dresser
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Patent protection for inventions in artificial intelligence (AI) and machine learning (ML) is complicated by subject matter eligibility requirements, a judicially created doctrine pertaining to 35 U.S.C. § 101. This paper provides two pieces of practical advice to those seeking patent protection of AI and ML inventions.

The USPTO July 2024 Subject Matter Eligibility Guidance provides clear and relevant guidance for preparing a patent eligible AI patent application. This guidance remains current with recent subject matter eligibility court rulings, and Examiners are following this guidance (in some cases, very strictly).

The first practical suggestion is following the July 2024 guidance in preparing any AI machine learning application

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