AIPLA Comments to USPTO on its 2024 Guidance Update on Patent Subject Matter Eligibility

Arlington, VA. October 16, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO regarding the 2024 update on patent subject matter eligibility, particularly concerning artificial intelligence (AI). 

 The comments acknowledge the importance of AI in addressing societal challenges, as emphasized by Executive Order 14110, which promotes innovation through clearer intellectual property policies. AIPLA supports the USPTO's efforts to update the guidance to address AI-related inventions, but it also expresses concern about the uncertainty surrounding current laws, particularly with respect to patent eligibility under 35 U.S.C. §101.  

The comments focus on the need for clearer and more consistent application of the Alice/Mayo test in determining whether AI inventions are patentable, particularly in defining abstract ideas and analyzing whether claims amount to "significantly more" than a judicial exception. AIPLA highlights several specific issues with the current guidance, such as the lack of sufficient examples that reflect modern AI practices and the inconsistency in the treatment of mathematical concepts. The comments call for the USPTO to expand upon the guidance, provide more detailed examples, and ensure that the guidance reflects the technological realities of AI inventions. 

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