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KDW in Law360: Approaching AI Inventions Under New USPTO Guidance

April 16, 2019

KDW Principal Matthew Fagan and Counsel Martin Miller recently published an article in Law360 on USPTO guidelines for software-related inventions, a January directive which sparked questions for inventors across the nation. The article, “Approaching AI Inventions Under USPTO Guidance,” reviewed Section 112 and how these changes will affect inventions in artificial intelligence and machine language. The guidance went into effect in January 2019.

”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

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