The patentability of artificial intelligence (AI) has been increasingly scrutinized in light of the surge in AI technology development and the ambiguity regarding the interpretation of software-related patents. The Federal Circuit has gradually refined the criteria for determining subject matter eligibility for software-related patents, and based in part on such jurisprudence, earlier this year the U.S. Patent and Trademark Office (USPTO) released revised guidance on examining patent subject matter eligibility under 35 U.S.C. §101. See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Considering the advances in AI technology and intellectual property law, how do these recent developments shape the outlook of AI patentability?

Some of the best-known applications for artificial intelligence, or AI, range from autonomous vehicles to finance to medical diagnosis. But AI is rapidly expanding to every sector of the economy, including fashion. For a growing number of fashion companies, AI is already transforming the methods used to predict trends, create products and interact with suppliers and customers. Not surprisingly, AI advances raise unique new legal questions, chiefly in the realm of intellectual property and privacy. Broadly defined, AI is computer technology that aims to simulate intelligent human behavior, or to perform cognitive tasks that ordinarily require human intelligence.

For a growing number of fashion companies artificial Intelligence is already transforming the methods used to predict trends create products and interact with suppliers and customers.