Under new leadership, the United States Patent and Trademark Office (USPTO) has recently adjusted its approach to patentability of artificial intelligence (AI) technologies in multiple meaningful respects. Many companies have not yet fully absorbed the practical implications of those shifts. If your understanding of what is or is not patentable in the AI space was formed under USPTO practices from even a year ago, that understanding is worth revisiting. Companies developing and deploying AI technologies should be assessing whether those shifts create protection opportunities that did not previously exist, or whether prior decisions about what to file or how to claim it deserve a second look.

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Photo of Andrew (A.J.) Tibbetts Andrew (A.J.) Tibbetts

Leveraging his technical proficiency and prior software engineering career, Andrew (A.J.) Tibbetts provides business-oriented IP legal counseling for software, AI and electronics-based technologies. His strategic approach incorporates open source practices and trade secret policies alongside patents, and he advises clients on licensing, enforcement,

Leveraging his technical proficiency and prior software engineering career, Andrew (A.J.) Tibbetts provides business-oriented IP legal counseling for software, AI and electronics-based technologies. His strategic approach incorporates open source practices and trade secret policies alongside patents, and he advises clients on licensing, enforcement, diligence, and defense against infringement accusations. A.J.’s patents have directly led to clients closing funding rounds, and software patents A.J. wrote for clients have survived PTAB invalidity challenges and been enforced against competitors. He co-authored influential amicus briefs cited favorably by the U.S. Supreme Court and Federal Circuit Court of Appeals relating to patentability of software.

A.J. counsels traditional software and electronics companies, including artificial intelligence and machine learning (AI/ML) across a variety of domains, networking/telecom/CDN, fintech (including market data and infrastructure), blockchain and distributed ledger tech, speech recognition, natural language processing, and more. As “software eats the world,” a growing number of companies look to A.J. for advice protecting new investments in software and data science, including life sciences, biopharma, medtech, medical devices, radiology, digital health, health care IT, and healthtech companies. A.J. advises a broad clientele, from multinational corporations to small enterprises, serves on the boards of MassMEDIC and HealthTech Build, as well as on a digital health advisory panel for MassBio.

Prior to his legal career, A.J. worked as a programmer for IBM/Lotus, contributing to the development of Lotus Notes. He also served for several years as the lead developer for a sales analytics tool, overseeing its end-to-end implementation, including planning, coding, documentation, testing, and roll-out.