Drafting Patent Applications for AI Systems

Overcoming Patent Eligibility, Inventorship, and Enablement Challenges and Avoiding Rejections

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, April 23, 2019

Recorded event now available

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Program Materials

This CLE webinar will guide patent practitioners on overcoming the challenges, including patent eligibility and enablement, when seeking patent protection for AI systems. The panel will also discuss what can be done to anticipate and minimize the risks of Section 101 or Section 112 rejections.


Tesla's self-driving and self-parking cars, digital assistants such as Apple's Siri, Gmail's email filters and smart replies, social media streams, smart home devices, Netflix and Spotify; these are all examples of technology that is used daily and through which artificial intelligence (AI) systems are impacting our everyday life and decision making. AI systems present challenges for patent practitioners seeking patent protection.

What is patent eligible in the context of AI is not always clear. AI system inventions should be eligible for protection, but for patent-eligibility purposes, such inventions must be described and claimed correctly and in view of the current state of the law.

One hurdle for patent counsel is determining inventorship and who would hold the patent rights. Who invents something that is constructed in part by humans and in part by the system learning? Counsel may also face challenges when seeking to comply with the enablement requirement under Section 112. Structural claim limitations may be used to strengthen patents for AI systems and would benefit applicants by producing valid and enforceable patents.

Listen as our authoritative panel of patent attorneys examines the challenges under Sections 101 and 112 and what patent counsel can do to overcome those challenges. The panel would also discuss anticipating and avoiding Section 101 or Section 112 rejections.



  1. Challenges in drafting patents for AI systems under Sections 101 and 112
  2. What patent counsel can do to overcome those challenges
  3. Anticipating and avoiding Section 101 or Section 112 rejections


The panel will review these and other key issues:

  • What hurdles must patent counsel overcome to demonstrate inventorship with AI systems?
  • How can patent counsel meet the requirements under Sections 101 and 112 in AI systems patent applications?
  • What steps should patent counsel take to minimize the likelihood of Section 101 or Section 112 rejections?


Cook, Elliot
Elliot C. Cook

Finnegan Henderson Farabow Garrett & Dunner

Mr. Cook maintains a diverse intellectual property practice, including patent litigation, post-grant patent challenges,...  |  Read More

Tull, Susan
Susan Y. Tull

Finnegan Henderson Farabow Garrett & Dunner

Ms. Tull focuses her practice on patent litigation and client counseling in the mechanical, industrial, electrical, and...  |  Read More

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