In response to the rapid advancements in artificial intelligence (AI) and the evolving landscape of patent law, the United States Patent and Trademark Office (USPTO) has issued a comprehensive guidance update on patent subject matter eligibility, particularly focusing on AI inventions. This update, aligned with Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” aims to provide clarity and consistency in evaluating the subject matter eligibility of AI-related patent claims.

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Photo of James J. DeCarlo James J. DeCarlo

Jim DeCarlo is a Shareholder in Greenberg Traurig’s Intellectual Property and Technology Practice. A registered patent attorney and electrical engineer, he is actively involved in virtually all aspects of intellectual property counseling. Jim started his career in the computer industry, and since transitioning

Jim DeCarlo is a Shareholder in Greenberg Traurig’s Intellectual Property and Technology Practice. A registered patent attorney and electrical engineer, he is actively involved in virtually all aspects of intellectual property counseling. Jim started his career in the computer industry, and since transitioning to law has spent over 25 years litigating, licensing and procuring patents in the software, hardware, internet and networking spaces, among many others. Jim’s experience includes litigating patent matters in District Courts around the country, handling matters before the PTAB, counseling clients on the strategic use and management of intellectual property assets, and drafting infringement, validity and freedom to operate opinions.

He also counsels clients on the drafting and negotiating of complex technology agreements and directs the prosecution of patent applications in areas such as networking, artificial intelligence, cloud computing, virtual and augmented reality, IoT, streaming media, electronic commerce, Internet search engines, search advertising, client/server systems, mobile and land based telecommunications, and computer software and hardware.

Photo of Nicholas Martin Nicholas Martin

Nicholas Martin is a registered patent attorney and is actively involved in virtually all aspects of intellectual property counseling. Nick has spent over 16 years procuring, litigating and licensing patents in the software, hardware, internet and networking spaces, among others. Nick regularly counsels…

Nicholas Martin is a registered patent attorney and is actively involved in virtually all aspects of intellectual property counseling. Nick has spent over 16 years procuring, litigating and licensing patents in the software, hardware, internet and networking spaces, among others. Nick regularly counsels clients on the strategic development, use and management of intellectual property assets.

Nick’s prosecution experience involves drafting and prosecuting patent applications in technological fields such as web applications, networking and wireless technologies, cellular and satellite communications, virtual and augmented reality (VR/AR), IoT, artificial intelligence and machine learning (AI/ML), cloud computing, image processing, mobile devices and software, financial technology (FinTech), search advertising, semiconductors and medical equipment.