The full text of the guidance update on patent subject matter eligibility is available on the USPTO’s Latest AI news and reports webpage and the corresponding examples are available on the AI-related resources webpage. The USPTO will accept public comments on the guidance update and the examples through September 16, 2024. Those interested in submitting comments should refer to the Federal Register Notice for instructions.
U.S. Patent and Trademark Office issues updated guidance on innovation in critical and emerging technologies
The latest update provides further clarity as to how the USPTO and applicants should evaluate subject matter eligibility of claims involving inventions related to AI technology.
The U.S. Patent and Trademark Office (USPTO) has issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies, including in artificial intelligence (AI).
This guidance update will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law for AI inventions. This latest update builds on previous guidance by providing further clarity and consistency as 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 update also announces three new examples of how to apply this guidance throughout a wide range of technologies.
The guidance update, which went into effect on July 17, provides a background on the USPTO’s efforts related to AI and subject matter eligibility, an overview of the USPTO’s patent subject matter eligibility guidance, and additional discussion on certain areas of the guidance that are particularly relevant to AI inventions, including discussions of Federal Circuit decisions on subject matter eligibility.
“The USPTO remains committed to fostering and protecting innovation in critical and emerging technologies, including AI,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “We look forward to hearing public feedback on this guidance update, which will provide further clarity on evaluating subject matter eligibility of AI inventions while incentivizing innovations needed to solve world and community problems.”
Like what you've read?
Forward to a friend!