Understanding the USPTO Guidance on Patenting AI Technologies

Innovations in artificial intelligence (AI) seeking to improve AI processes, AI architectures, and computer hardware are rapidly increasing in fields as far-ranging as commercial banking, sports analytics, cybersecurity, natural language processing, computer hardware, review authentication, and healthcare.  As companies innovate, the rate of corresponding patent applications has dramatically increased. The USPTO reports that, from 2002 to 2018, the number of AI-related applications more than doubled.1The European Patent Office estimates that since 2016 the number of international patent families in core AI technologies has increased at an average annual rate of 54.6 percent.2

Because most AI filings are embodied as software-based applications, applicants should understand the complexities of subject matter eligibility.  In this article, we take a look at one aspect of the most recent USPTO eligibility standard and how it can be addressed.

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