The U.S. Patent and Trademark Office (USPTO) recently issued an update to its guidelines on patent eligibility for inventions involving Artificial Intelligence (AI). This update aims to streamline the process for inventors and examiners when filing and evaluating AI-related inventions under US patent law (35 U.S.C. § 101).

It builds on previous guidance by offering greater clarity and consistency on how to assess patent claims for AI technology. Notably, the update includes new examples to illustrate its application across different fields.

This move acknowledges the evolving nature of AI and its increasing role in patentable inventions. The USPTO welcomes public comments until mid-September 2024 to refine the guidelines based on stakeholder input. This signifies a positive step for AI innovation, providing a clearer path for inventors seeking patent protection for AI-driven inventions while ensuring patents reward human ingenuity with practical applications.

Key Points of the USPTO's Updated Guidance:

• Human Ingenuity Remains Central: The USPTO emphasises that while AI can be a powerful tool in the inventive process, it cannot be an inventor itself. For an invention to be patentable, a human must make a significant intellectual contribution to its conception.

• Focus on Practical Application: The guidance encourages applicants to focus on the specific technical improvements their AI-assisted invention brings. Patent applications should clearly describe how the invention solves a problem or improves existing technology, not just the abstract idea behind it.

• New Examples for Clearer Understanding: The USPTO has included new examples to illustrate how the updated guidance applies in different scenarios involving AI. These examples can help inventors and examiners navigate the patentability of AI inventions in specific situations.

• Open for Public Input: Recognising the evolving nature of AI, the USPTO welcomes public comments on the updated guidance until mid-September 2024. This allows for ongoing refinement based on stakeholder feedback.

What This Means for AI Innovation

The USPTO's updated guidance is a significant development for the field of AI innovation. It provides a clearer framework for inventors seeking patent protection for AI-driven inventions while ensuring that patents continue to reward human creativity that leads to tangible technological advancements.