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ARTICLE · 14 NOVEMBER 2018

Patenting Artificial Intelligence In The U.S. – Considerations For AI Companies

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Artificial intelligence (AI) encompasses technologies that have become increasingly relevant

United StatesTechnology

Artificial intelligence (AI) encompasses technologies that have become increasingly relevant — and strategically important — to companies of all sizes across a wide range of fields. For example, AI technologies such as computer vision are critical to the operation of autonomous vehicles and pick-and-place robots. Natural-language processing, speech recognition, and context awareness are core capabilities of any product or automated service that communicates by voice with end users. As more players crowd the AI space, aggressively and efficiently developing AI patent portfolios is an important consideration for start-ups and multinational corporations alike.

In the U.S., most AI technologies can be protected by a patent. But certain AI technologies can face increased scrutiny at the U.S. Patent and Trademark Office (USPTO) with respect to whether the invention is directed to patent-eligible subject matter. The USPTO follows a two-step analysis to determine whether a

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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