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ARTICLE · 18 JULY 2024

USPTO Clarifies Patent-Eligibility Guidelines For AI Inventions

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Recognizing a need for clarity in evaluating patent eligibility under 35 U.S.C. § 101 for critical and emerging technologies, including artificial intelligence (AI) innovations...

United StatesIntellectual Property
Chanley Howell
Chanley Howell
Eric L. Sophir
Eric L. Sophir
Matthew Horton
Matthew Horton
Kamyar Maserrat
Kamyar Maserrat
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Recognizing a need for clarity in evaluating patent eligibility under 35 U.S.C. § 101 for critical and emerging technologies, including artificial intelligence (AI) innovations, the U.S. Patent and Trademark Office (USPTO) released updated guidance effective July 17, 2024. By necessity, businesses involved in developing AI solutions rely on this clarity and guidance in order to effectively plan and implement their research and development resources. Further, patent claims for AI inventions may involve abstract ideas, such as algorithms or mathematical concepts, which are traditionally excluded from patent-eligibility.

The updated examination guidance (2024 Updated Guidance) provides AI-inventive companies with beneficial context and additional clarity in shaping patent and comprehensive IP protection programs. This updated guidance builds on recent USPTO guidance addressing other aspects of AI innovations, most notably the requirement that where AI is used in

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