Alerts5.21.25

CAFC Ruling Questions How and When Tools Built Using Machine Learning are Patentable

artificial intelligence
  • CAFC affirms that applying generic machine learning to industry-specific problems is not enough for patent eligibility under §101.
  • To survive scrutiny, the new standard appears to require that AI-related claims must show specific improvements to machine learning techniques, not just novel applications.
  • This ruling reinforces the importance of how innovations are framed in patent applications, especially in emerging tech like AI. 

In a decision with major implications for AI-related patent strategy, the U.S. Court of Appeals for the Federal Circuit (CAFC) held on April 18, 2025, that four patents related to machine learning in live-event scheduling and broadcasting were ineligible under 35 U.S.C. §101. The court affirmed a decision from the U.S. District Court for the District of Delaware, concluding that the innovation merely applied generic machine learning techniques in the data environment for the entertainment industry, without demonstrating any specific technological improvement or inventive concept.

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