Event Session
Unpacking AI Related Subject Matter Eligibility Guidance from the USPTO *
April 23, 2025 @ 9:30 AM EST
9:30 AM ET
April 23, 2025
Unpacking AI Related Subject Matter Eligibility Guidance from the USPTO *
In July 2024, the U.S. Patent and Trademark Office (USPTO) released updated subject matter eligibility (SME) guidance to more directly address emerging technologies—specifically AI technologies. The guidance included three new and detailed examples using hypothetical claims to address common situations such as whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical application. The USPTO also solicited comments relating to the updated subject matter eligibility guidance, which were due in October 2024. As you might expect, major IP organizations, including the American Intellectual Property Law Association (AIPLA), the Council for Innovation Promotion (C4IP), the Intellectual Property Owners Association (IPO), the Pharmaceutical Research and Manufacturers of America (PhRMA) and the Association of University Technology Managers, Inc. (AUTM), all weighed in on this issues. Many of those who submitted comments shared concerns that USPTO’s updated SME guidance includes conflicting examples and a lack of detailed explanation.
This panel will: (1) Review the USPTO’s updated SME guidance for artificial intelligence; (2) Explore the comments and criticisms received by the USPTO from stakeholders; and (3) Discuss how the USPTO should instruct examiners relative to the patent eligibility of specific AI inventions, such as artificial neural networks, AI-based methods of analyzing speech signals, and AI-models designed to assist in personalizing medical treatment to an individual based on the unique characteristics of the patient.
Materials:
Delving into the USPTO AI Subject Matter Eligibility Guidance
Dissecting the USPTO’s Update to Eligibility Guidance for AI Inventions
AI and the Word that’s Been Missing from the Patent Eligibility Case Law
Survey
In July 2024, the U.S. Patent and Trademark Office (USPTO) released updated subject matter eligibility (SME) guidance to more directly address emerging technologies—specifically AI technologies. The guidance included three new and detailed examples using hypothetical claims to address common situations such as whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical…
Session Speakers
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