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Find a non-inclusive list of the current USPTO guidance and training materials on patent subject matter eligibility and disclosure of computer-implemented inventions that are relevant to Artificial Intelligence (AI). A collection of PTAB and petition decisions pertaining to AI are also listed.
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.
Artificial Intelligence Patent Dataset (AIPD)
- The USPTO Office of the Chief Economist released the Artificial Intelligence Patent Dataset (AIPD) identifying United States patents and pre-grant publications that include AI.
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).