Patent Office Clarifies When AI Inventions Can Be Protected (1)

Inventors can use AI without affecting the analysis the US Patent and Trademark Office uses to determine if patent claims cover subject matter that’s eligible for protection, the office said in a guidance update Tuesday.

The update, which will take effect Wednesday when it’s due to be published in the Federal Register, focuses on patent examiners’ consideration of claims directed at ineligible subject matter under the US Supreme Court’s decision in Alice Corp. v. CLS Bank International, such as abstract ideas, natural phenomena, and laws of nature.

The update aims to provide “further clarity” while still “incentivizing innovations ...