The U.S. Patent and Trademark Office has released updated guidance to help USPTO staff and stakeholders determine patent subject matter eligibility for artificial intelligence-related inventions and other innovations in critical and emerging technologies.
USPTO said Tuesday the update includes three examples of how to apply the subject matter eligibility guidance to a wide array of tech platforms and seeks to offer clarity on how the agency should assess the subject matter eligibility of claims in patent applications involving AI-related inventions.
“The USPTO remains committed to fostering and protecting innovation in critical and emerging technologies, including AI,” said Kathi Vidal, director of the USPTO and under secretary of Commerce for intellectual property.
The guidance update takes effect Wednesday, July 17.
“We look forward to hearing public feedback on this guidance update, which will provide further clarity on evaluating subject matter eligibility of AI inventions while incentivizing innovations needed to solve world and community problems,” added Vidal.
The document offers a background on USPTO’s efforts associated with AI and subject matter eligibility and includes discussions on the guidance’s certain aspects that are related to AI inventions, including discussions of Federal Circuit decisions on subject matter eligibility.
Public comments on the guidance update are due Sept. 16.