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Below is a list of the current USPTO guidance and training materials on issues relevant to the use of Artificial Intelligence (AI).
Guidance on practitioner use of AI
- Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the USPTO
- Director guidance on party and practitioner misconduct related to use of AI
- Copyright office report on copyright and artificial intelligence (Part 1, July 2024)
Inventorship
The USPTO issued guidance and examples on inventorship specifically for AI-assisted inventions.
- Inventorship Guidance for AI-assisted Inventions (February 2024)
- Transaxle for Remote Control Car (Example 1)
- Developing a Therapeutic Compound for Treating Cancer (Example 2)
- FAQs on Inventorship Guidance for AI-assisted Inventions
Subject matter eligibility
The USPTO issued a guidance update on patent subject matter eligibility (SME) to address innovation in critical and emerging technologies (ET), especially AI.
- 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (2024 AI SME update). (Effective July 17, 2024)
- AI-related SME examples 47-49 issued in 2024
- 2024 AI SME update: Phase I Examiner training slides
- Information regarding current SME guidance, training, and other resources are available on the Subject matter eligibility page.
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.