”With respect to the written description requirement, the key considerations set out in the guidance are whether the claims describe software in terms of its functionality, and whether the specification discusses how that functionality is achieved. The guidance makes it clear that ‘the written description requirement is not met if the specification merely describes a desired result.’ The critical questions is ‘whether the specification shows possession by the inventor of how [the claimed function] is achieved.”

For the full article, visit Law360: Approaching AI Inventions Under New USPTO Guidance