The USPTO Addresses Limitations for "Means-Plus-Function" and "Step-Plus-Function" Claims
On March 18, 2024, the United States Patent and Trademark Office (USPTO) has taken a step towards clearer patent records by issuing a memorandum to examiners on the importance of consistent analysis for "means-plus-function" and "step-plus-function" limitations. This clarifies what inventors need to include in their applications to secure broader patent protection.
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Alice Step 2 Approach for AI Inventions at the USPTO
The AI revolution introduces new challenges for patent eligibility that current U.S. Court of Appeals for the Federal Circuit case law and USPTO policy are ill-equipped to handle. Alice Step 2, a widely misunderstood doctrine, risks becoming more confusing with AI inventions, as case law and examiner practices overemphasize the conventionality of computers in claims.
This scenario creates two problems for AI patent eligibility. Groundbreaking AI inventions often use generic computers and deserve patent protection, yet may be unjustly denied.
![](https://frontpagepatents.com/wp-content/uploads/2024/06/Alice-Step_1-300x300.jpg)