PatentNext Summary: Generative Artificial Intelligence (GenAI) patent application filings continue to rise at the U.S. Patent and Trademark Office (USPTO), with a significant concentration in Tech Center 2100, which focuses on computer architecture and software, particularly AI and simulation technologies. GenAI inventions commonly face Section 103 (obviousness) and Section 101 (subject matter eligibility) rejections, with the latter being a frequent challenge for computer-related inventions. Despite this, Tech Center 2100 boasts a relatively high allowance rate of 79%, while other centers, like 2600 and 2400, achieve even higher rates of up to 97%. Avoiding Tech Center 3600, known for its stringent Section 101 rejections, remains a strategic consideration for inventors seeking patent protection. 

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For the years leading up to the end of 2024, the United States Patent and Trademark Office (USPTO) experienced a surge in filings for Generative AI (GenAI) inventions.

The chart below illustrates filings by Technology (“Tech”) Center over time, spanning from 2000 to 2024.

It is important to note that the downward slope on the right-hand side of the graph is due to the 18-month “Publication Delay,” during which information about newer patent application filings is not yet publicly available. See 37 CFR § 1.211.

This chart organizes patent application filings by Tech Center. As shown, the majority of AI-related patent applications are concentrated in Tech Center 2100 (represented by the dark blue color in the graph), which covers “Computer Architecture and Software” inventions. This is unsurprising, as Tech Center 2100 encompasses Art Unit 2120, which focuses on “AI & Simulation/Modeling.”

Tech Center 2100 received most of the AI-related patent application filings. For instance, in 2021, Tech Center 2100 accounted for 337 GenAI-related invention filings, while the remaining Tech Centers each handled five or fewer such filings.

The graph below highlights the rejection bases for GenAI-related patent applications. 

As expected, GenAI-related inventions most commonly faced Section 103 (obviousness) rejections. However, Section 103 rejections are generally the most common type of rejection across all categories.

Additionally, the graph shows that Section 101 (Subject Matter Eligibility) rejections were the second most common for GenAI inventions. Section 101 rejections are prevalent in computer-related inventions, a category that includes GenAI.

Despite these challenges, there is encouraging news for GenAI inventors. The two most common Tech Centers (2100 and 2600) boast high allowance rates. The chart below outlines patent application allowance rates by Tech Center. 

As seen above, GenAI-related patent applications reviewed by examiners in Tech Center 2100 (dark blue bar) achieved a relatively high allowance rate of 79%. Other Tech Centers, such as 2400 and 2600, perform even better, with allowance rates of 90% and 97%, respectively.

In contrast, Tech Center 3600 (orange bar) handles a mix of business-related technologies, including “Transportation, Construction, Electronic Commerce, Agriculture, National Security, and License and Review.” Certain Art Units within Tech Center 3600, such as Art Unit 3620 (“Business Methods”), are notorious for issuing patent-eligibility rejections under 35 USC § 101. These rejections can be challenging to overcome, contributing to the lower allowance rate of 63% for this Tech Center.

As such, avoiding Tech Center 3600 remains a prudent strategy for patentees.

For further guidance on this approach, readers can explore PatentNext’s articles on best practices for patenting AI inventions. See How to Patent an Artificial Intelligence (AI) Invention: Guidance from the U.S. Patent Office (USPTO) and How to Patent Software Inventions: Show an “Improvement”.

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Please note that the charts and their related information in this article are provided courtesy of Juristat. The charts and information were obtained by searching for search terms (“generative artificial intelligence” OR “Large Language Model” OR “Transformer” OR “diffusion”) using the fields Title, Abstract, and Claims and the filters USPC 706 (“Data processing: artificial intelligence”) and CPC G06N (“Computing Arrangements Based On Specific Computational Models”) in the Juristat app.

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