In Ex parte Michalek, Attraction No. 2023-004204 (PTAB Dec. 27, 2024), the Patent Trial and Attraction Board (PTAB) evaluated an invention involving medical well being know-how and synthetic intelligence. The PTAB particularly acknowledged that the patent claims at concern recited new details about the nexus between sure biomarkers and growth of lung most cancers as facilitated by machine studying. Actually, previous to enchantment, the applicant had efficiently overcome all rejections beneath part 103. However, primarily based on Patent Workplace steerage, the PTAB nonetheless decided the claims have been flawed from the angle of material eligibility. Though the details on this resolution concern medical well being innovation, the choice is useful to tell patent technique for AI enabled innovations throughout numerous disciplines and industries.
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