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Patent-Eligible Subject Matter › Artificial Intelligence

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

U.S. IP Update – August 2025

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Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Who Owns AI Innovation? IP in the Age of Artificial Intelligence

Williams Mullen on

On this episode of Trending Now – An IP Podcast, Janet Cho and former summer associate Evan Klick* explore the evolving intersection of artificial intelligence (AI) and intellectual property (IP) law in the life sciences...more

Morgan Lewis

USPTO Memo Clarifies AI/ML Patent Eligibility Rules

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Deputy Commissioner for Patents Charles Kim issued a memorandum to three technology centers reminding examiners how subject matter eligibility should be evaluated under 35 USC § 101. These technology centers often handle...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The USPTO Publishes Reminders to Examiners on Evaluating Subject Matter Eligibility

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The United States Patent and Trademark Office (USPTO) issued a memorandum on August 4, 2025, to provide reminders to Examiners in software-related arts, including artificial intelligence (AI) and machine learning, regarding...more

Fitch, Even, Tabin & Flannery LLP

USPTO Issues Guidance Clarifying Subject Matter Eligibility for AI and Software Claims

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On August 4, the USPTO issued a Memorandum to examiners in Technology Centers 2100, 2600, and 3600, providing reminders and clarifications on evaluating subject matter eligibility under 35 U.S.C. § 101. This guidance is...more

Foley & Lardner LLP

USPTO Clarifies Eligibility Examination Standards for Software Innovations

Foley & Lardner LLP on

On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) released a new memorandum to patent examiners in Technology Centers 2100, 2600, and 3600, providing targeted reminders on evaluating subject matter eligibility...more

ArentFox Schiff

USPTO Aims to Boost Patent Eligibility of AI and ML Inventions

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) has issued new guidance to clarify and improve the evaluation of patent eligibility for artificial intelligence (AI) and machine learning (ML) inventions in order to foster...more

Kilpatrick

5 Key Takeaways | Part One: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

Kilpatrick on

Kilpatrick’s Joe Petersen, a partner with more than two decades of experience representing a broad array of clients in litigation, arbitration, and administrative proceedings involving copyright and trademark law, recently...more

Kilpatrick

3 Key Takeaways | Part Two: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

Kilpatrick on

Kilpatrick’s Charles Gray, who focuses his practice on patent counseling and prosecution of both U.S. and international patent applications, recently joined other firm thought leaders to discuss “From Copyright to Patents:...more

MoFo Tech

USPTO Internal Memo Suggests that Patenting AI Inventions May Become Easier

MoFo Tech on

The USPTO has issued an internal memorandum that may make it easier to patent software, in particular AI-related software inventions. In recent years, the USPTO has found certain software inventions to be patent-ineligible...more

McDonnell Boehnen Hulbert & Berghoff LLP

From Abstract to Concrete: The Path Forward for Machine Learning Patents

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While the precedent set by Recentive Analytics, Inc. v. Fox Corp.[1] presents a formidable challenge, it does not represent a complete foreclosure of patent protection for machine learning inventions. The court’s opinion,...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Preemption Doctrine: A Necessary Course Correction After Recentive v. Fox

McDonnell Boehnen Hulbert & Berghoff LLP on

The landscape of patent law for artificial intelligence (AI) and machine learning (ML) innovations has become fraught with uncertainty. The U.S. Court of Appeals for the Federal Circuit's precedential opinion in Recentive...more

Proskauer - The Patent Playbook

AI, Algorithms and Abstract Ideas: Federal Circuit Reinforces Limits in Recentive v. Fox

Proskauer - The Patent Playbook on

In April, the Federal Circuit issued a significant patent law ruling involving artificial intelligence. In Recentive Analytics, Inc. v. Fox Corp, the Court addressed a core question facing many AI-driven businesses: When are...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Patent Eligibility for AI-Implemented Inventions: A Global Comparison - June 25th, 10:00 am - 11:00 am ET

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As artificial intelligence continues to transform industries, innovators face a complex global landscape when it comes to securing patent protection. Join us for a timely and informative webinar exploring how major...more

MoFo Life Sciences

Subject Matter Eligibility of AI Medical Treatments

MoFo Life Sciences on

Artificial intelligence (AI) has quickly become a springboard for breakthroughs in personalized medicine, enhanced medical imaging, and predictive modeling for drug development. And given the role it played in two recent...more

Baker Botts L.L.P.

Intellectual Property Report June 2025

Baker Botts L.L.P. on

Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more

Fish & Richardson

Federal Circuit Clarifies Limits of Patent Eligibility for Machine Learning Claims

Fish & Richardson on

In a decision with implications for machine learning-related patent filings, the Federal Circuit in Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), affirmed the District of Delaware’s...more

MoFo Life Sciences

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

McCarter & English, LLP

Court Short-Circuits Artificial Intelligence Patents: Federal Circuit Tightens Standards for Patent Eligibility

McCarter & English, LLP on

What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent...more

Mintz - Intellectual Property Viewpoints

Recentive Analytics v. Fox: The Federal Circuit Provides Analysis on the Patent Eligibility of Machine Learning Claims

Mintz - Intellectual Property Viewpoints on

On April 18, 2025, the Federal Circuit remained consistent with previous Alice decisions by holding that four machine learning patents involved in a dispute between Recentive Analytics, Inc. and Fox Corp. were ineligible...more

Quarles & Brady LLP

New Federal Circuit Decision - Expect Getting AI/Machine Learning Patents Past 101 to Get Tougher

Quarles & Brady LLP on

The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more

Haug Partners LLP

The Application of Generic Machine Learning to New Data Environments Requires “Something More” to be Patent Eligible

Haug Partners LLP on

On April 18, 2025, the Federal Circuit issued an opinion in Recentive Analytics, Inc. v. Fox Corp. addressing for the first time whether patents that claim no more than the application of generic machine learning to a new...more

Eversheds Sutherland (US) LLP

First impressions: Federal Circuit finds applied AI claims ineligible for patenting under 35 USC 101

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Answering a much-anticipated question of first impression, the Federal Circuit affirmed an Eastern District of Pennsylvania decision that invalidated machine learning-related patent claims as ineligible subject matter under...more

Dinsmore & Shohl LLP

Patent Claims Running on AI? Federal Circuit Says Not So Fast on Patent Eligibility

Dinsmore & Shohl LLP on

The question of whether machine learning (ML)-based claims meet the subject matter eligibility requirements under current U.S. patent law remains hotly contested. The U.S. Court of Appeals for the Federal Circuit (CAFC)...more

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