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ARTICLE · 12 AUGUST 2024

USPTO Provides Patent Eligibility Guidance For AI Technology

Bookoff McAndrews
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TAKEAWAY: The USPTO provided three new hypothetical examples and additional guidance specific to AI technology for patent eligibility analyses under 35 § U.S.C. 101. The USPTO issued a guidance update...

United StatesTechnology
Bethany Love
Bethany Love

TAKEAWAY: The USPTO provided three new hypothetical examples and additional guidance specific to AI technology for patent eligibility analyses under 35 § U.S.C. 101.

The USPTO issued a guidance update regarding Artificial Intelligence (AI) subject matter eligibility that went into effect on July 17, 2024. The USPTO hopes that the guidance will provide "further clarify and consistency to how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology."

The guidance discusses evaluating whether a claim recites an abstract idea (Step 2A, Prong Two) under the two-part test for subject matter eligibility. The guidance emphasizes a distinction between "a claim that 'recites' an abstract idea ... and one that merely involves, or is based on, an abstract idea." Specifically, the guidance lists three new hypothetical examples related to AI technology that each include

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