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Courses/Law/Intellectual Property Law

AI Patent Eligibility: USPTO’s Latest Guidance

Navigate the evolving landscape of AI patent eligibility, dissecting the USPTO's latest guidance and landmark court decisions to safeguard your innovations.

Created byKnowledge Group
IntermediateUpdated Sep 16, 2025
AI Patent Eligibility: USPTO’s Latest Guidance

What You'll Learn

check_circleAnalyze USPTO and Federal Circuit guidance on AI-related subject matter eligibility.
check_circleEvaluate strategies for disclosing and claiming non-generic AI components in patents.
check_circleDraft AI-specific claims and specifications to demonstrate practical application.
check_circleAssess approaches to patenting AI training methods and avoiding generic AI issues.

About This Course

As artificial intelligence (AI) becomes increasingly embedded in modern innovation, securing patent protection for AI-based inventions presents both new opportunities and growing challenges. The United States Patent and Trademark Office (USPTO) has issued updated guidance on evaluating AI technologies, but legal uncertainty remains—particularly around what qualifies as patent-eligible subject matter.

Join Robert Plotkin, Software Patent Lawyer & Founding Partner at Blueshift IP, LLC, Jeffrey W. Gluck, Ph.D., Partner at Panitch Schwarze Belisario & Nadel LLP, and Orlando Lopez, Ph.D., Partner at CM Law PLLC, as theydelve into the USPTO’s evolving approach, explore the implications of recent case law including Recentive v. Fox, and share practical tips for drafting and prosecuting stronger AI-related patent applications. From examining what constitutes “non-generic” AI to adapting claim strategies for emerging AI structures, this session will equip patent practitioners, innovators, and in-house counsel with the tools to navigate this rapidly shifting landscape.

Key Topics:

  • USPTO’s current approach to AI patent eligibility
  • Differences between USPTO guidance and Federal Circuit requirements
  • Insights from Recentive v. Fox and its implications on AI patent claims
  • Understanding when AI is considered “generic” vs. non-generic under patent law
  • Strategies for identifying differentiating elements in AI-based inventions
  • Best practices for drafting application- or domain-specific claims to demonstrate “practical application”
  • Approaches to claiming AI as part of a larger method or system
  • Drafting considerations for training AI models
  • Updating your boilerplate language in AI-related patent specifications
  • Treatment of AI performing calculations or decision-making vs. generic computer implementation
  • The status and significance of USPTO Example 39 (neural network training claims)
  • How to properly disclose and claim non-generic AI components
  • Avoiding common drafting pitfalls in AI patent applications
  • Practical tips for maximizing patent protection in the evolving AI space

Your Instructors

Knowledge Group
Knowledge Group

Live and Recorded CLE & CPE Webcasts in the Legal, Tax, Finance, Risk, Compliance and Human Resources Industries

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Founded in November 2006, The Knowledge Group has established itself as a premier eLearning hub for Continuing Legal Education (CLE), Continuing Professional Education (CPE), and technology-focused webcasts. We equip lawyers, accountants, and industry professionals with expert-driven insights, timely regulatory updates, and practical strategies to help them stay ahead in an ever-evolving landscape.

Jeffrey W.  Gluck, Ph.D.
Jeffrey W. Gluck, Ph.D.

Partner at Panitch Schwarze Belisario & Nadel LLP

Jeffrey Gluck is an intellectual property attorney and partner with Panitch Schwarze Belisario & Nadel LLP. Dr. Gluck has a Ph.D. in electrical engineering, as well as a J.D. His practice includes patent procurement, client counseling/opinion work, litigation, and software-related copyright law. He specializes in the electrical and computer-related arts, while maintaining a broader practice. He serves on AIPLA and IPO committees and is a US delegate to AIPPI Standing Committee Q222 – Standards and Patents. He has been recognized for his contributions both as an engineer and as an intellectual property attorney, most recently being named to the IAM Strategy 300 Global Leaders for 2024.

Orlando  Lopez, Ph.D.
Orlando Lopez, Ph.D.

Partner at CM Law PLLC

Dr. Orlando Lopez concentrates on helping his clients, which range from individual inventors to large multinational corporations and universities, identify and protect their intellectual property and build their patent portfolios. Orlando has over twenty five years of experience at various high technology companies, including Polaroid, Data General, Control Data, and Science Applications, as a technical manager, program manager, engineer and researcher. His experience spans from managing product design projects, managing complex research teams involving software, IC design, optics, mechanics and electronics to being an active researcher in areas from magnetic and optical recording and electromagnetic effects to imaging science. He has drafted and prosecuted over 300 U.S. patent applications in diverse areas of technology such as nanotechnology, optics, quantum cryptography, software, machine learning (AI), business methods, software, telecommunications, wireless applications, electronic imaging, mechanical and physical devices. He Co-authored an amicus brief that was submitted to U.S. Supreme Court for Bilski vs. Kappos, a patentable subject matter case. His experience spans from managing product design projects, managing product design projects, managing complex research

Robert  Plotkin
Robert Plotkin

Software Patent Lawyer & Founding Partner at Blueshift IP, LLC

Robert Plotkin is a patent attorney who has been specializing in software patents for over 25 years. He is an MIT-educated computer scientist and the co-founder of the boutique patent firm, Blueshift IP. Robert wrote the first and only book on the impact of AI on patents, entitled, The Genie in the Machine: How Computer-Automated Inventing is Revolutionizing Law and Business, which was published by Stanford University Press in 2009. His most recent book, AI Armor, describes strategies for obtaining IP protection for innovative AI technologies. Robert uses his in-depth knowledge of patent law and AI technology to obtain broad, strong, and defensible AI patents for his clients worldwide.

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