Approaching AI Inventions Under New USPTO Guidance

By Matthew Fagan and Martin Miller (April 9, 2019, 1:38 PM EDT) -- In January 2019, the U.S. Patent and Trademark Office issued new guidance for software-related inventions. The guidance has received attention for specifying a new Section 101 analysis procedure, but it also clarifies how Section 112 applies to functionally claimed software inventions.

In this article, we provide an overview of a portion of the new Section 112 guidance, followed by one approach for meeting the Section 112 requirements for artificial intelligence/machine language inventions. This approach involves describing (1) the problem to which machine learning is applied, (2) the model structure used, (3) the training algorithm applied to the model structure, (4) the...

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