PatentNext Summary: Because AI is a relatively newer technology, court cases analyzing AI-related patents have been few in number. Given the increased numbers of AI patent filings, as recently reported by the USPTO, we can expect to see future court cases involving AI-related patents. We can also expect that courts will analyze these AI-related patents per the two-part Alice with the same scrutiny as we have seen for more general software-related patent cases.
In the last quarter of 2020, the United States Patent and Trademark Office (USPTO) reported that patent filings for Artificial Intelligence (AI) related inventions more than doubled from 2002 to 2018. See Office of the Chief Economist, Inventing AI: Tracking The Diffusion Of Artificial Intelligence With Patents, IP DATA HIGHLIGHTS No. 5 (Oct. 2020).