PatentNext Blog
https://www.patentnext.com/PatentNext is a blog about patent and intellectual property (IP) law focusing on next-generation and New Age technologies.
Recent Blog Posts
- District Court Invalidates Patent Claims Allegedly Directed to Artificial Intelligence (AI) PatentNext Summary: In Brightex Bio-Photonics, LLC v. L’Oreal USA, Inc., the U.S. District Court for the Northern District of California invalidated patent claims relating to AI-driven cosmetic recommendations, finding them directed to an abstract idea under 35 U.S.C. § 101. The court held that while the specification referenced artificial intelligence, the claims themselves failed to include any specific AI implementation or technological improvement. Brightex argued that elements such as a “photo guide” improved facial data acquisition, but the court found... More
- Federal Circuit Rejects AI Claims Lacking Technical Detail PatentNext Summary: In two recent decisions, the Federal Circuit reaffirmed that merely applying artificial intelligence or digital techniques to a specific “field of use” does not satisfy patent eligibility under 35 U.S.C. § 101. In Recentive Analytics v. Fox Corp., claims directed to AI-assisted television scheduling were deemed abstract for lacking inventive implementation. Similarly, in Longitude Licensing Ltd. v. Google LLC, claims involving digital image correction were invalidated because they recited only functional, results-oriented language without explaining how the technical... More
- Federal Circuit finds Generic AI Claims to be Abstract PatentNext Summary: The Federal Circuit’s decision in Recentive Analytics, Inc. v. Fox Corp. found that applying generic machine learning techniques to a new environment, without a specific technological improvement, is patent-ineligible under 35 U.S.C. § 101. The court emphasized that claims must articulate concrete technological advancements rather than merely applying established methods to different domains. The ruling offers key guidance for patent practitioners, highlighting the need for detailed descriptions of technical innovation and cautioning against relying on field-of-use limitations or... More
- Quantum Computing Patent Trends in the US: Are Breakthroughs Just Around the Corner? Recent headlines suggest that prominent technology CEOs are tossing tepid water onto the quantum computing narrative, leading to a sell-off of quantum computing stocks in January 2025. However, quantum computing CEO’s disagree, asserting that commercial quantum computers are already here and delivering value to clients. While the timeline for widespread quantum utility remains debated, one thing is undeniable: innovation in quantum computing is accelerating, and the evidence is clearly visible in the patent landscape. Understanding these patent trends offers a... More
- PTAB Provides Some Clarity on AI Obviousness in IPR Decision In a recent PTABWatch article titled “PTAB Provides Some Clarity on Artificial intelligence (AI) Obviousness in IPR decision,” the PTAB’s approach to evaluating obviousness in AI-related patents is examined. The article discusses the case Tesla, Inc. v. Autonomous Devices, LLC, where the PTAB invalidated all challenged claims of U.S. Patent Number 11,055,583, which pertained to an AI system for autonomous device operation. The decision offers valuable insights into how prior art is assessed in the context of AI innovations. Read... More
- Agentic AI: Transforming Industries and Navigating the Patent Frontier Agentic AI is transforming artificial intelligence by enabling systems to act independently, making decisions and solving problems autonomously across various industries. Its potential rapid development poses unique challenges for intellectual property protection, requiring innovative strategies to ensure these advancements are effectively safeguarded within the evolving IP landscape. Introduction Last year, we explored how Multimodal AI, integrating multiple sensory modalities, continues to revolutionize human-machine interaction and spark discussions on its implications. This year, the focus shifts to Agentic AI—systems capable of autonomous decision-making,... More
- Generative Artificial Intelligence (AI) Patent Application Filings See Early Growth Trend at the USPTO PatentNext Summary: Generative Artificial Intelligence (GenAI) patent application filings continue to rise at the U.S. Patent and Trademark Office (USPTO), with a significant concentration in Tech Center 2100, which focuses on computer architecture and software, particularly AI and simulation technologies. GenAI inventions commonly face Section 103 (obviousness) and Section 101 (subject matter eligibility) rejections, with the latter being a frequent challenge for computer-related inventions. Despite this, Tech Center 2100 boasts a relatively high allowance rate of 79%, while other centers,... More
- AI-based Inventions: Patenting vs. Trade Secret Considerations PatentNext Takeaway: When deciding whether to patent AI-based inventions or maintain them as trade secrets, key considerations include the extent of public disclosure and the detectability of the AI model. Deploying an AI model in consumer-facing devices or making its output public often supports patenting to secure exclusivity. On the other hand, low detectability and sensitive training data, such as personal or medical information, may favor trade secret protection. Balancing these factors alongside the need for sufficient disclosure to meet... More
- Drafting Software-based Patent Claims to Avoid Costly Divided Infringement Issues This article is co-authored by Phelan Simpkins, counsel for State Farm who oversees emerging technology licenses, among other key areas for the company. Phelan is speaking in his individual capacity. The views expressed herein do not necessarily reflect the view and position of State Farm. PatentNext Takeaway: This post discusses the issues of divided infringement in U.S. patent law, specifically focusing on software-based patent claims. Divided infringement occurs when multiple parties collectively perform all the steps of a patent claim, but... More
- AI-based Medical Devices and the FDA’s Predetermined Change Control Plans (PCCPs) PatentNext Takeaway: This post highlights the FDA’s increasing regulatory efforts for artificial intelligence (AI) and machine learning (ML)-enabled medical devices (MLMDs), with a focus on managing device AI/ML updates through Predetermined Change Control Plans (PCCPs). The FDA emphasizes five guiding principles for PCCPs to ensure safety, risk management, and transparency for MLMDs throughout their lifecycle. The post also notes a significant rise in AI-based medical device FDA submissions and related patent filings, particularly since 2016, indicating growing interest in this... More