Is Machine Learning Technology Going to be Collateral Damage under the Abstract Idea Exception?

My colleague Janal Kalis identified 21 PTAB decisions directed to machine learning patent applications published since 4/1/2018.  According to Janal, seventeen of the patent applications considered had been rejected by examiners with 101. The PTAB affirmed examiners’ 101 rejections in 16 cases and reversed in only 1 Case.

Here is a list of the cases:  PTAB Decisions in Machine Learning Cases (1844172)

It might be a good time to take a step back and see whether these rejections are consistent with sensible policy, even if justifiable under existing 101 jurisprudence, so at least we can start to assess the potential long term damage these decisions will do to innovators seeking protection in the US for this important technology.

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