Introduction

This article is the fourth in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB reversed an Examiner’s Section-101 rejection of a machine-learning-based patent application’s claims. The first article of this series described the USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), which was issued on January 7, 2019. The 2019 PEG changed the analysis provided by Examiners in rejecting patents under Section 101[1] of the patent laws, and by the PTAB in reviewing appeals from these Examiner rejections. The previous article of this series described methods for overcoming 101 rejections where the PTAB has found that an abstract idea is “recited.” This article describes another case where the PTAB applied the 2019 PEG to a machine-learning-based patent and concluded that the Examiner was wrong.
Continue Reading Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 4

This week, the United States Patent and Trademark Office (USPTO) announced1 the Post-Prosecution Pilot Program (“P3”) for applicants to respond to a final rejection in a utility patent application.  Under the P3, an applicant may participate in a conference with a panel of three examiners to review the applicant’s response to a final rejection.  To obtain entry into the pilot, an applicant must submit:
Continue Reading Patent Office Adds Another After Final Option for Applicants – P3