Author:
Sameer Gokhale
September 1, 2026
While this blog normally writes about the issues facing the patentability of AI inventions, we want to write about a topic that is high on our radar: the USPTO’s plans for integrating AI into the examination process. While certain programs, such as the USPTO’s Artificial Intelligence Search Automated Pilot Program (ASAP!) program were previously tested, a greater question looms on the availability of examiners to use large language models (LLMs) as a tool for examination.<... Read more
Author:
Nicholas Rosa, Ph.D.
October 6, 2025
On September 26, 2025, the Appeals Review Panel of the Patent Trial and Appeal Board (“PTAB”) published a decision reviewing the PTAB’s denial of rehearing in Ex parte Desjardins (“Review Decision”).[1] The Review Decision authored by new Director Squires is expected to send shockwaves through the PTO in regard to eligibility for Artificial Intelligence (“AI”) and Machine Learning (“ML”) applications. The Review Decision is available here.<... Read more
Author:
Sameer Gokhale
July 22, 2024
The U.S. Patent and Trademark Office (USPTO) has issued an update to the guidance on patent subject matter eligibility to address artificial intelligence (AI). This update provides further clarity and consistency on how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology. The guidance update also announces three new examples of how to apply this guidance through a few key technologies. <... Read more
Author:
Nicholas Rosa, Ph.D.
May 22, 2024
On April 30, 2024, the USPTO published a Request for Comments on the future impact of publications by generative AI on the issue of prior art. Previously, the USPTO has consistently come down against generative AI as an inventor, saying that “under current law, only natural persons may be named as an inventor in a patent application.” See Inventorship Guidance for AI-Assisted Inventions, 89 FR 10043, Docket No. PTO-P-2023-0043. Based on this stance, however, it is unclear if a publication by a generative AI could be prior art to a patent application. Toward providing an answer to that question, the USPTO is seeking public comments on “what qualifies as prior art, the assessment of the level of skill of a [person having ordinary skill in the art (PHOSITA)], and determinations of patentability made in view of these evaluations.”<... Read more
Author:
Kasumi Kanetaka
June 16, 2023
In our blog post dated May 11, 2023, we discussed the Japanese government’s legal protections from generative artificial intelligence (AI) tools. Comparing to other developed countries, the Japanese regulations are considered to be the loosest.<... Read more