The legal landscape surrounding patent eligibility under 35 U.S.C. § 101 remains a contentious issue, particularly for innovations in artificial intelligence. Predictive analytics firm Recentive has filed a rehearing petition challenging the Federal Circuit's invalidation of their machine learning patents.
The Core Issue: Section 101 and Machine Learning
Recentive argues that the Federal Circuit erred by conflating patent eligibility under Section 101 with prior art searches for novelty (Section 102) and obviousness (Section 103). This approach, which invalidated Recentive's patents, effectively collapses the threshold test of subject matter eligibility into a prior art inquiry. The firm contends that this misinterprets Supreme Court precedent established in Alice v. Mayo, distinguishing between abstract ideas and patent-eligible inventions.
The Claims at Stake
Recentive's patents describe methods for creating network maps using machine learning techniques. These claims detail specific, iterative processes of training models to generate optimized schedules. The firm asserts that without the use of novel machine learning, these maps couldn't be produced by existing prior art, emphasizing the distinction for patent eligibility.
Legal Context and Implications
The case cites Supreme Court decisions, including McRO v. Bandai Namco Games America (2016), which stress that Section 101 is a threshold test, not an invitation to conduct a prior art search. Recentive argues that the Federal Circuit's approach disregards this precedent, leading to an incorrect evaluation of their claims.
The broader implications are concerning. If upheld, this ruling could stifle innovation in machine learning by discouraging investments in AI startups, potentially shifting venture capital to countries with stronger patent protections. Data indicates that over 60% of AI-related patents filed since 2023 are for machine learning, underscoring the issue's significance.
The Fight for Innovation
Recentive's petition asserts their claims outline concrete steps and improvements, challenging the Federal Circuit's interpretation of SAP America v. InvestPic. They also cite support from former USPTO Director Andrei Iancu and lawmakers highlighting concerns about U.S. innovation impact.
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