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Under new leadership, the United States Patent and Trademark Office (USPTO) has recently adjusted its approach to patentability of artificial intelligence (AI) technologies in multiple meaningful respects. Many companies have not yet fully absorbed the practical implications of those shifts. If your understanding of what is or is not patentable in the AI space was formed under USPTO practices from even a year ago, that understanding is worth revisiting. Companies developing and deploying AI technologies should be assessing whether those shifts create protection opportunities that did not previously exist, or whether prior decisions about what to file or how to claim it deserve a second look.
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