PatentNext Summary: Sufficiency of disclosure for Artificial Intelligence (AI) inventions in the U.S. can be supported by expert testimony opining on the knowledge that one of ordinary skill in the art would have held based on the disclosure for the patent specification.
In an earlier article, we compared the sufficiency of disclosure for Artificial Intelligence (AI) patents in the U.S. and the European Patent Office (EPO). See A Tale of Two Jurisdictions: Sufficiency of Disclosure for Artificial Intelligence (AI) Patents in the U.S. and the EPO.
In that article, we saw how two applications, one in the U.S. and the other in the EPO, were treated differently despite having the claims. In particular, the U.S. application was prosecuted to issuance, while the EPO application ended in a rejection for lack of sufficiency of disclosure. The article provided a more detailed summary...