Vadim Braginsky wrote a chapter for Bloomberg Law’s Corporate Practice Portfolio Series on Artificial Intelligence and Machine Learning discussing the many artificial Intelligence (AI) technologies that are algorithmic, and particularly amenable to being described by their functionality. As such, patent practitioners working with AI technology have to contend with several issues concerning the sufficiency of the disclosure and the interpretation of the claims presented in patent applications. Courts and the USPTO have developed rules interpreting Section112 of the Patent Act that are specifically tailored to software-based inventions. These rules particularly relate to policing the overbreadth of claimed subject matter by applying definiteness standards for claims under § 112(b), sufficiency of the disclosure under § 112(a), and functional claiming under § 112(f).
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