Tuesday, November 4, 2025
PTAB - Ex parte Desjardins - Appeals Review Panel Reverses Board's Rejection of AI Claims as Ineligible under 35 USC 101
Wednesday, August 20, 2025
USPTO Guidance on Evaluating Patent Eligibility for AI and Machine Learning
On August 5, 2025, the USPTO published a memo to guide examiners in evaluating subject matter eligibility of claims under 35 U.S.C. 101.
The USPTO stated: "Examiners in software-related arts, including Artificial Intelligence (AI) and Machine Learning, often encounter challenges in evaluating whether the claims are directed to a judicial exception when analyzing claims for subject matter eligibility. This memorandum provides important reminders pertaining to the United States Patent and Trademark Office’s (USPTO’s) subject matter eligibility guidance, articulated in the Manual of Patent Examining Procedure (MPEP), to aid examiners in these evaluations."
See the USPTO memo for details.
Copyright © 2025 Robert Moll. All rights reserved.
Thursday, October 29, 2020
USPTO - Report Inventing AI - Tracing the Diffusion of Artificial Intelligence with US Patents
On October 27, the USPTO report "Inventing AI - Tracing the diffusion of artificial intelligence with U.S. patents" states that US patent applications received on AI have sharply increased.
Here's the USPTO announcement:
"The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) more than doubled from 2002 to 2018, according to a new report published today by the USPTO, “Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents.” During those 16 years, annual AI patent applications grew from 30,000 in 2002 to more than 60,000 in 2018.
Accompanying the 100% increase of AI-related patent applications was unprecedented growth and broad diffusion of AI across technologies, inventor-patentees, organizations, and geography that attest to the growing importance of AI for all of those seeking intellectual property protection.
'I am pleased to see this rapid increase in artificial intelligence patent applications received by the USPTO, as artificial intelligence is becoming an integral part of our everyday lives,' said U.S. Secretary of Commerce Wilbur Ross. 'I commend the USPTO for quickly adapting to this increase in AI-related patents and for supporting American patent filers as they utilize new technologies to enhance the lives of people across the globe.'
'Artificial intelligence is becoming ingrained in the daily life of Americans, facilitated by its rapid integration into products such as voice recognition systems in mobile phones, robotic appliances, satellites, search engines, and so much more,' said Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. 'As this major new report demonstrates, the expansion of AI is a long-term trend that is accelerating every year. Unlocking the potential of AI will provide the basis for future U.S. economic growth and prosperity, and is something that the USPTO will continue to facilitate with our corps of patent examiners and other professionals who specialize in the nuances of this broad-based and far-reaching technology.'
The study’s authors developed their own AI algorithm to examine all U.S. patent applications published from 1976 through 2018. They found that patents containing AI appeared in 9% of technologies in 1976, spreading to more than 42% of technologies by 2018. While the growth of AI patent applications came in all AI-related technologies, 'planning and control' and 'knowledge processing' were the two categories that recorded the greatest increase in AI use.
The number of individual inventor-patentees active in AI also expanded dramatically during this period, from 1% in 1976 to 25% in 2018. There was similar growth in AI activity by organizations, with most of the top 30 AI companies being in the information and communications technology sector. The top five U.S. patent owners at time of grant from 1976 to 2018 were IBM, Microsoft, Google, Hewlett Packard, and Intel.
While AI inventor-patentees between 1976 and 2000 tended to be concentrated in larger cities and technology hubs, the report found that from 2000 to 2018 there was a marked diffusion of AI into other areas of the country, with notable growth in the Midwest.
'AI has the potential to vastly broaden the inventor community in the United States,' said Director Iancu. 'We have entered a new era of invention, entrepreneurship, and technological development. It is imperative that we train the next generation of Americans in the STEM subjects and innovation skills that will enable them to be part of this revolution.'"
Copyright © 2020 Robert Moll. All rights reserved.
Tuesday, October 6, 2020
USPTO - Report on Artificial Intelligence and Intellectual Property Policy
Monday, August 26, 2019
USPTO - Federal Register Notice on Artificial Intelligence
The USPTO recognizes AI raise issues so announced it "will be publishing a notice in the Federal Register that poses questions regarding the intersection of patent law with AI that the public may respond ... to gather information on AI patent policy issues for purposes of evaluating whether further guidance is needed and informing the development of any such guidance.
Questions the public is invited to reply to include:
- Do current patent laws and regulations regarding inventorship need to be revised to take into account inventions where an entity or entities other than a natural person contributed to the conception of an AI invention or any other invention?
- Are there any patent eligibility considerations unique to AI inventions?
- Does AI impact the level of a person of ordinary skill in the art?
- Do the disclosure rules (enablement, specification, etc.) need to be altered for AI-related patent applications?"
Copyright © 2019 Robert Moll. All rights reserved.
Wednesday, August 1, 2018
Wired - Despite Pledging Openness, Companies Rush to Patent AI Tech
My comment on the article. I don't think a company's decision to patent AI is inconsistent with maintaining openness of its AI platforms. A company may disclose a platform so others can build on it yet reasonably expect IP protection of other advances that distinguish them from competitors. In software we look to trade secret, patenting, and copyright for legal protection. If a company elects to rely on trade secret, it prevents others from being aware of that information. So again how would clamping down on AI patents and pushing companies toward trade secret, help advance AI research? I don't think the article addresses my question, but it might inform some that AI patenting has increased greatly in the USPTO.
Copyright © 2018 Robert Moll. All rights reserved.
Tuesday, January 9, 2018
IP Watchdog - With 9,043 U.S. Patents, IBM Tops for 25th Consecutive Year
Copyright © 2018 Robert Moll. All rights reserved.