Patenting AI And Machine Learning In The Wake Of Recentive - Banner Witcoff

Patenting AI And Machine Learning In The Wake Of Recentive - Banner Witcoff

On April 18, the U.S. Court of Appeals for the Federal Circuit ruled in Recentive Analytics Inc. v. Fox Corp. that “patents that do no more than claim the application of generic machine learning to new data environments, without disclosing improvements to the machine learning models to be applied, are patent ineligible under [35 U.S.C.] § 101.” While the decision may seem like a major shift for AI and machine learning patents, the fundamentals o…