/>iIn 2024, the USPTO published guidance on whether an AI-based invention is patent eligible. The guidance includes three hypothetical inventions, including one relating to using an artificial neural network for data anomaly detection. This example invention is hypothetically claimed in three different ways to provide various insights that could help determine whether or not your AI-based invention is patent eligible.
The first insight is that if your AI has any specific hardware implementation, this can help make your claim patent eligible.
The second insight is that claiming only the high-level training and use of the trained model will likely be deemed patent ineligible.
The third insight is the most interesting, claiming your system’s reaction to the AI’s output could help make your claim patent eligible.
Considering these factors when seeking patent protection for AI-based inventions could increase the likelihood of patent eligibility.
This guidance update will assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology (AI inventions). This update also announces a new set of examples that are intended to assist USPTO personnel in applying the USPTO's subject matter eligibility guidance to AI inventions during patent examination, appeal, and post-grant proceedings.
