United States of America: Adopted Patent and Trademark Office's guidance on patent subject matter eligibility, including on artificial intelligence

On 17 July 2024, the United States Patent and Trademark Office (USPTO) adopted a guidance update on patent subject matter eligibility, specifically addressing innovations in artificial intelligence (AI) and other critical and emerging technologies. The updated guidance was issued as part of the implementation of Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The guidance is addressed to USPTO personnel and stakeholders and clarifies how to evaluate the subject matter eligibility of AI-related patent applications and patents. The guidance introduces new examples to aid in the application of the USPTO's eligibility criteria during patent examination, appeal, and post-grant proceedings, focusing on the integration of abstract ideas into practical applications. The guidance entered into force on the day of its publishing in the Federal Register.