USPTO Issues Further Guidance on AI-Related Patent Eligibility

The document includes a chart, reproduced below, that summarizes how each example meets or does not meet criteria in the Alice/Mayo test.

In the anomaly detection example, the USPTO highlights considerations such as whether the invention improves the algorithm’s performance (e.g., enable it to get better at identifying malware over time or use less processing resources to achieve the same result) and how the use of the algorithm achieves a specific, practical benefit (such as enabling a network to become safer or more secure, or recommending remediation actions).

In the speech separation example, considerations that impact patentability include how AI is applied to optimize industrial or business processes and the extent to which those optimizations solve problems more effectively than existing methods.

In the fibrosis treatment example, the guide describes how AI technologies can be applied to enhance user interactions (such as AI-driven chatbots or adaptive interfaces) that personalize user experience based on behavior and preferences. In these cases, the application should focus on the innovative aspects of the user interface that are enhanced or enabled by AI, and the novel ways in which the interface adapts to user inputs or preferences. Specifics include the use of natural language processing, pattern recognition, or adaptive learning systems.

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If your team includes AI technologies in your products and are wondering if patent protection is an option, please reach out to one of our team members for a consultation.

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