USPTO Provides ‘Roadmap’ for AI Patent Eligibility

The USPTO’s latest guidance on patent subject matter eligibility clarifies how AI inventions are treated under Section 101 of Title 35 of the US Code. It reaffirms current practices without introducing new procedures but includes examples of eligible and ineligible AI inventions, which are helpful for patent practitioners in addressing eligibility issues. The guidance also incorporates stakeholder feedback to clarify Step 2A of the eligibility analysis. This aims to help practitioners better navigate patent eligibility questions and improve their chances of securing patents for AI innovations.

Sterne Kessler Director Todd Hopfinger was quoted in the article commenting that due to his extensive work in bioinformatics, the examples of AI inventions in the life sciences provided helpful insights into the USPTO’s approach towards innovations in that industry.