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Machine Learning and Patent Eligibility: Recent Court Guidance and Claim Strategy

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, May 29, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 16, 2025

or call 1-800-926-7926

This CLE webinar will guide patent attorneys on the Federal Circuit's Recentive decision, addressing machine learning claims and patent eligibility. The panel will discuss the lessons from the decision and offer best practices for patent drafting strategies in light of Recentive.

Description

On April 18, 2025, in Recentive Analytics, Inc. v. Fox Corp., et al., the Federal Circuit struck down patents that claim machine learning for failing to recite patent eligible subject matter. This is the Federal Circuit’s first time encountering AI in a 35 U.S.C. § 101 inquiry, ruling on “whether claims that do no more than apply established methods of machine learning to a new data environment are patent eligible.” The Federal Circuit held “they are not.”

Recentive Analytics follows the Electric Power Group line of cases, which holds that collecting information, analyzing it, and displaying it is an abstract idea. These three steps are performed in many AI systems, including machine learning, and thus, Electric Power Group and its progeny (including Recentive Analytics) pose a threat to AI systems.

Patent counsel should carefully consider the lessons from the Recentive decision as well as the entire Electric Power Group line of cases. What and how can the applicant do more and demonstrate the patent eligibility of AI, including machine learning?

Listen as our authoritative panel of patent attorneys addresses the Federal Circuit’s Recentive decision, the Electric Power Group line of cases, and the lessons that can be learned. The panel will offer best practices for patent drafting strategies.

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Outline

  1. The patent eligibility of AI inventions
  2. Electric Power Group line of cases
  3. Recentive Analytics Inc. v. Fox Corp. (Fed. Cir. April 18, 2025), including Federal Circuit reasoning and guidance
  4. Standards for eligibility
  5. USPTO Guidance
  6. Patent drafting strategies

Benefits

The panel will review these and other relevant issues:

  • What lessons does the Recentive decision teach as to the patentability of machine learning claims?
  • What is the appropriate way to claim machine learning inventions?
  • What steps should patent counsel take to meet patent eligibility requirements?

Faculty

Bahr, Robert
Robert W. Bahr

Partner
Maier & Maier

Mr. Bahr specializes in all areas of patent practice. He previously served as the Deputy Commissioner for Patent...  |  Read More

Kiklis, Michael
Michael L. Kiklis

Founder
Kiklis Law Firm

Mr. Kiklis focuses on PTAB litigation as well as district court patent litigation. He also handles Federal Circuit...  |  Read More

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Early Discount (through 05/16/25)

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Early Discount (through 05/16/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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