USPTO Updated Guidance On AI Assisted Inventions

Yesterday, the USPTO issued an updated guidance for subject matter eligibility of AI assisted inventions with very useful subject matter examples throughout the guidance. https://www.uspto.gov/about-us/news-updates/uspto-issues-ai-subject-matter-eligibility-guidance

IV. Applicability of the USPTO Eligibility Guidance to AI-Assisted Inventions

For the subject matter eligibility analysis under 35 U.S.C. 101, whether an invention was created with the assistance of AI is not a consideration in the application of the Alice/Mayo test and USPTO eligibility guidance and should not prevent USPTO personnel from determining that a claim is subject matter eligible. In other words, how an invention is developed is not relevant to the subject matter eligibility inquiry. Instead, the inquiry focuses on the claimed invention itself and whether it is the type of innovation eligible for patenting.