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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). PTAB petition and other decisions relating to the use of AI are also listed.
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)
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
- 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.
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).