Recently, in Ex parte Carmody, the PTAB reversed an examiner’s eligibility rejection of an AI patent application, signaling that the USPTO’s updated guidance is creating a clearer path to AI patent protection. At the same time, the Federal Circuit has shown caution about rulings that could render all AI unpatentable.

For companies investing heavily in AI-driven innovation—especially in drug discovery, autonomous systems, and data analytics—this is a pivotal moment.

Practical advice: Review your AI-related invention disclosures. Are your patent applications drafted to emphasize the technical improvement achieved, not just the abstract concept? Enablement is critical—especially for AI inventions where the “how” matters as much as the “what.”

Don’t let poor claim drafting keep you on the outside.

Is your patent drafting strategy keeping pace with AI patentability developments?

Lean more about Miller Johnson’s Patent Prosecution group. Questions? Contact Brandon Griffith.