USPTO Releases Updated Guidelines For AI-Related Patent Eligibility

The United States Patent and Trademark Office (USPTO) has released updated guidelines for AI-related patent eligibility, effective July 17, 2024, and open for public comment until September 16, 2024. The guidance aims to clarify that AI inventions are not automatically abstract ideas that are patentable, particularly when they involve specific hardware implementations, or integrate AI into practical applications that serve to improve underlying technology. More specifically, the USPTO clarified that while AI-assisted inventions are not categorically unpatentable, a human must nonetheless "ma[k]e a significant contribution to the claimed invention."

The Updated Guidelines provide three examples to illustrate the USPTO's clarification as to what is patentable: an artificial neural network for detecting anomalies, AI-based methods of speech separation, and an AI model designed for personalizing medical treatment, each demonstrating how claims can be eligible