Find a collection of resources devoted to shaping the Administration's and federal government's approach to artificial intelligence (AI).
AI-related patent resources
A non-inclusive list of the current USPTO guidance and training material on patent subject matter eligibility and disclosure of computer-implemented inventions, along with related PTAB and petition decisions is listed below.
AI-related examination guidance
AI-related inventions can be viewed as a subset of computer-implemented inventions. Therefore, USPTO guidance regarding computer-implemented inventions can be a useful resource.
Subject matter eligibility
- MPEP 2106 provides general guidance on subject matter eligibility.
- MPEP 2106.04(a) discusses the abstract idea exceptions.
- Current examiner training on subject matter eligibility.
- Subject Matter Eligibility Examples: Abstract Ideas - Example 39
Compliance with 35 U.S.C. 112
- MPEP 2161.01 provides guidance on disclosure requirements for computer-implemented functional claim limitations.
- MPEP 2181 provides general guidance for examining means plus function (35 U.S.C. 112(f)) limitations. MPEP 2181(II)(B) provides guidance on the description necessary to support a claim limitation that invokes 35 U.S.C. 112(f).
- MPEP 2173.05(g) discusses functional limitations that do not invoke 35 USC 112(f).
- Examiner training on Examining Computer-Implemented Functional Claim Limitations for Compliance with 35 U.S.C. 112.
PTAB and USPTO petition decisions pertaining to AI
- PTAB Decision - Ex parte Hannun (formerly Ex parte Linden), 2018-003323 (April 1, 2019) [applying 2019 revised guidance].
- Petition Decision – In re Appl. No. 16/524,350 (“DABUS”) (Inventorship limited to natural persons).
USPTO directly engages with the following
- Administrative Conference of the United States (ACUS)
- Charged with convening expert representatives from the public and private sectors to recommend improvements to administrative process and procedure. The Office of the Chairman of the Administrative Conference is exploring the growing role that AI, such as machine learning and related techniques, is playing in federal agency adjudication, rulemaking, and other regulatory activities.
- IP5 New Emerging Technologies and Artificial Intelligence Task Force (IP5 NET/AI TF)
- Coordinates IP5 initiatives and is developing a roadmap for possible joint projects in these areas among the IP5 member offices.
- National Science and Technology Council (NSTC), Machine Learning and Artificial Intelligence Subcommittee (MLAI)
- The interagency group oversees AI coordination among federal agencies. The USPTO actively participates in the MLAI to ensure intellectual property equities are accounted for during interagency discussions.
- Networking and Information and Technology Research and Development (NITRD) Program, Artificial Intelligence Research and Development Interagency Working Group (AI R&D IWG)
- Coordinates federal AI R&D across 32 participating agencies and supports activities tasked by both the NSTC Select Committee on AI and the Subcommittee on Machine Learning and Artificial Intelligence (MLAI). AI R&D IWG gathers information from AI experts to ensure that government investment in AI R&D results in innovative applications to address the nation’s challenges, advantage its opportunities, and promote U.S. leadership and global competitiveness.
- National Security Commission on AI (NSCAI)
- An independent commission stood up by Congress to “consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States."
- US-UK Artificial Intelligence R&D Collaboration
- A working group comprised of representatives from agencies within the United States and the United Kingdom. The goal of this group is to oversee the initial implementation of the signed agreement between the U.S. and the UK, including identifying and defining specific topic areas for R&D collaboration.
Federal government resources
- National Artificial Intelligence Initiative
- Defense Advanced Research Projects Agency, AI Next Campaign
- National Science Foundation (NSF) AI webpage
- National Security Commission on Artificial Intelligence (NSCAI)
- National Oceanic and Atmospheric Administration (NOAA) AI webpage
- National Institute of Standards and Technology (NIST) AI webpage
- Networking and Information Technology Research and Development Program Artificial Intelligence Agency Interagency Working Group
- United States Agency for International Development (USAID), Artificial Intelligence in Global Health
- United States Department of Agriculture (USDA), National Institute of Food and Agriculture (NIFA)
- United States Department of Defense (DOD), Joint Artificial Intelligence Center
- United States Department of Energy (DOE)
- United States Department of Health & Human Services (HHS)
- United States Food & Drug Administration (FDA), Artificial Intelligence and Machine Learning in Software as a Medical Device
- U.S. General Services Administration (GSA), Centers of Excellence, Artificial Intelligence Initiatives
- U.S Department of Transportation (DOT), Federal Highway Administration (FHWA) 2019 AI Report
- Office of the Director of National Intelligence (ODNI)