After West Texas Ruling, Patenting AI Could Be More Nuanced - Law360

Intel Corp,.[1] on Dec. 27, the U.S. District Court for the Western District of Texas found claims of machine-learning patents invalid under Title 35 of the U.S. Code, Section 101, in a motion to dismiss filed under Federal Rule of Civil Procedure 12(b)(6). This decision, on one hand, provides a road map that skilled counsel can follow to draft patents that are more likely to withstand eligibility challenges, but, on the other hand, could make patenting artificial intelligence inventions more nuanced absent due care.