On August 4, the Deputy Commissioner of Patents issued a memorandum to Examiners on evaluation of claims in software-implemented inventions for subject matter eligibility under Section 101. While the memorandum does not fundamentally change the USPTO’s guidance published in the MPEP, the memorandum does provide useful clues as to how the USPTO and the Examining … Continue Reading
If you’re a patent practitioner who works with innovation related to artificial intelligence, you’ll want to consider the Federal Circuit’s recent decision in Recentive Analytics, Inc. v. Fox. Corp. This decision is the first to explicitly consider patent eligibility in the context of the use of artificial intelligence. The Federal Circuit affirmed the district court’s … Continue Reading
