Claim Drafting Strategies for Artificial Intelligence Innovations

Artificial intelligence is one of the fastest growing technologies in terms of sheer volume of patent filings at the United States Trademark and Patent Office. Between 2002 and 2018, annual AI patent applications increased by more than 100 percent.  This increase evidences the importance for applicants to develop a strategy for building a patent portfolio around their artificial intelligence technology.  In this article, we take a look at a few considerations when crafting claims for a patent filing which may help ensure that an AI patent application stands out.

In the wake of the Supreme Court’s 2014 decision in Alice, software-based innovations are subject to higher scrutiny during examination.  Because of this, it is prudent for practitioners to draft claims in a way that anticipates an eligibility challenge.  Depending on your innovation, a variety of strategies are available.

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