Practical Applications of Recent USPTO Patent Eligibility Examples

The United States Patent and Trademark Office (USPTO) has released new guidance on patent subject matter eligibility (the Guidance), with a particular focus on artificial intelligence (AI) and related technologies. As noted by the Guidance, subject matter eligibility analysis for AI and AI-related technologies applies the existing Alice/Mayo test. While the Alice/Mayo test is unchanged, the Guidance provides a discussion on how to evaluate AI-related claims. The Guidance, exemplified in examples 47 to 49, provides a clear framework for understanding how AI inventions can be assessed for eligibility under 35 USC § 101. This report will delve into these examples and their practical applications, providing stakeholders with insights into crafting eligible patent claims.