"The deadline for comments on the U.S. Patent and Trademark Office's updated subject matter eligibility guidance was October 16, and the Office received 24 total submissions. The 19 posted thus far overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies."
"Vidal announced the SME update on July 16 of this year in an effort to more directly address inventions involving AI, particularly with respect to '(1) the evaluation of whether a claim recites an abstract idea in Step 2A, Prong One; and (2) the evaluation of the improvements consideration in Step 2A, Prong Two.'"
"Many of them seem concerned that USPTO Director Kathi Vidal's July 2024 update to the Office's Subject Matter Eligibility (SME) Guidance includes potentially conflicting examples and a lack of detailed explanation."
"At the time of the announcement, Vidal said that while the Office has 'a lot of certainty behind' the guidance, which became effective as of July 17, the USPTO will consider the comments received. 'The best feedback is the most concrete feedback,' Vidal told IPWatchdog."
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