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ARTICLE · 23 JULY 2024

USPTO Issues Guidance Update On Subject Matter Eligibility Of Artificial Intelligence Inventions

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On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET)...

United StatesTechnology
Erik Huestis
Erik Huestis
John D. Lanza
John D. Lanza
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Key Takeaways:

  • The guidance update reiterates the existing subject matter eligibility framework, while providing additional examples focused on innovations in AI.
  • The guidance clarifies that the use of AI by a human inventor does not affect the subject matter eligibility analysis.
  • Comments are invited through September 15, 2024, regarding the guidance and its examples.

On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). The guidance update is issued in accordance with Executive Order 14110 on the "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" issued on October 30, 2023. The July 17 guidance update responds to feedback from stakeholders and recent Federal Circuit decisions on patent subject matter eligibility and provides additional examples of

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