The July Guidance Update from the USPTO clarifies the application of the Alice/Mayo test to AI inventions while recognizing the complexities these technologies introduce to patent eligibility.
Despite the USPTO's efforts to clarify patent subject matter eligibility for AI, challenges remain in classifying AI inventions under the judicial exceptions outlined in the Alice/Mayo test.
The guidance includes numerous examples, hypothetical and from recent cases, to help navigate the complexities of the two-part analysis in respect to AI-related patent claims.
Executive Order 14110 mandates the USPTO to not only promote innovation but also provide clarity on issues related to AI, reflecting an evolving understanding of intellectual property.
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