10/09/2026
USPTO Updates Patent Eligibility Guidance for AI & Software Inventions
The U.S. Patent and Trademark Office (USPTO) has provided updated guidance on patent eligibility under 35 U.S.C. §101, offering greater clarity for AI- and software-based inventions.
The guidance emphasizes that patent claims should be evaluated as a whole, with particular attention to whether an invention provides a specific technical improvement to computer functionality or another technological field. Importantly, the use of AI or software does not, by itself, make an invention patent-ineligible.
For innovators and patent applicants, the key takeaway is clear: demonstrating a genuine technical improvement can play an important role in establishing patent eligibility for AI-related inventions.
Key Takeaway:
AI + Software + Genuine Technical Improvement = Stronger Patent Eligibility Argument