“Federal Circuit Decision Offers Guidance for Drafting AI Patent Claims”

A recent Federal Circuit decision involving software patents offers useful guidance for patent applicants and practitioners drafting claims for artificial intelligence technologies. In a recent AI Insights feature for the Intellectual Property Owners Association (IPO) Daily News, Marshall Gerstein Partner Ryan Phelan examines Applications in Internet Time, LLC v. Salesforce, Inc. and discusses the implications of the court's claim-differentiation analysis for AI-related patent claims.

In his article, Ryan discusses how the Federal Circuit applied the doctrine of claim differentiation in rejecting a narrower claim construction and examines the decision's relevance to patents covering AI and agent-based technologies.

He also explores considerations for drafting AI patent claims, including the relationship between independent and dependent claims, the use of fallback claim positions, and the importance of aligning claim scope with specification support.

Subscribers can read the full feature in the IPO Daily News.