Law360: AI Patents Face Eligibility Hurdles After 1st Fed. Circ. Case

The Federal Circuit upheld a decision on April 18 finding that Recentive Analytics Inc.’s patents on machine learning are not patent eligible. While the decision suggested that technological improvements in the machine learning algorithm itself could be patent eligible, “it’s not certain that's going to work, because algorithms are also a category of unpatentable subject matter under Federal Circuit precedent,” said Mark Liang of O’Melveny & Myers LLP.

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