This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

May 20, 2026

Artificial intelligence at the USPTO: Evolving patent eligibility guidance and emerging uses in practice

See more on Artificial intelligence at the USPTO: Evolving patent eligibility guidance and emerging uses in practice

Hannah Wolfe

Associate
Sidley Austin LLP

See more...

Martin Feng

Associate
Sidley Austin LLP

See more...

Artificial intelligence at the USPTO: Evolving patent eligibility guidance and emerging uses in practice

AI is reshaping the patent landscape, prompting updated USPTO guidance on subject matter eligibility and transforming patent proceedings before the USPTO.

The path to eligibility for AI-related patents under Title 35 U.S. Code, Section 101 has been historically difficult. USPTO data of AI inventions from 2015 to 2020 reveals that AI-related inventions, such as natural language processing, were approximately five times more likely to be rejected for l...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up