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Showing posts from April, 2019

How high will it go? An update on the allowance rate for applications relating to artificial intelligence at the USPTO

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It has been about a year since my last post on allowance rates for applications relating to artificial intelligence at the USPTO, and it seemed like a good time for an update.

In short, the allowance rate is still around 90% for applications relating to artificial intelligence, but, notably, the allowance rate in 2019 actually surpassed 90% for this technology. This may be partially due to the updated guidelines distributed by the USPTO at the beginning of the year, which "aim to improve the clarity, consistency, and predictability of actions across the USPTO." Actions are sent out by examiners to prevent the office from granting patent rights over technologies that were already publicly accessible (described exactly or as an obvious variant) at the time of filing. The USPTO could attain perfect clarity, consistency, and predictability of actions with a 100% allowance rate, but at what cost to the public?



METHODOLOGY

In the study, to find what I consider "artificial inte…