USPTO Issues AI Subject Matter Eligibility Guidance

July 16, 2024

United StatesU.S. Executive Branch

Summary

On July 16, 2024, the USPTO issued a guidance update on patent subject matter eligibility to address innovations in AI. The guidance update addresses how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology, in light of existing legal frameworks like Alice. The USPTO provided three examples alongside the guidance, demonstrating how the guidance would apply to certain scenarios. The update went into effect on July 17, and the USPTO will accept public comments through September 16.

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