Patenting Digital Health

Patenting Digital Health Innovations Incorporating AI in View of USPTO's Recent Subject Matter Eligibility Guidance

Patent procurement activity is increasing to protect embedded artificial intelligence ("AI") technologies in a variety of digital healthcare solutions. The United States Patent and Trademark Office ("USPTO") has issued the latest and most far reaching in a series of pro-eligibility revisions to its guidelines for determining subject matter eligibility that should significantly increase the space of eligible subject matter for patenting. The new guidance reveals patent procurement strategies that can potentially increase opportunities for obtaining patents on AI-related inventions and increase the value of associated patent portfolios.

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