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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, May 29, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will guide patent attorneys on the Federal Circuit's Recentive decision, addressing machine learning claims and patent eligibility. The panel will discuss the lessons from the decision and offer best practices for patent drafting strategies in light of Recentive.

Faculty

Michael L. Kiklis
Founder
Kiklis Law Firm, PLLC

Mr. Kiklis focuses on PTAB litigation as well as district court patent litigation. He also handles Federal Circuit appeals from his cases. With an extensive background in computer science, his technological focus is on software patent matters. Mr. Kiklis frequently handles high stakes matters, having been involved in several cases in which over $1 billion was at stake.

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Robert W. Bahr
Partner
Maier & Maier, PLLC

Mr. Bahr specializes in all areas of patent practice. He previously served as the Deputy Commissioner for Patent Examination Policy at the USPTO. During his distinguished career at the USPTO, he was involved in nearly all patent-related rulemaking since 1995. His involvement in patent rulemaking includes the changes to implement the American Inventors Protection Act of 1999 and the Leahy-Smith America Invents Act. He provided administrative oversight and direction for the activities of the Office of Petitions, Office of Patent Legal Administration, Office of Patent Quality Assurance, Central Reexamination Unit, and Manual of Patent Examining Procedure staff during his tenure at the USPTO.

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Description

On Apr. 18, 2025, in Recentive Analytics Inc. v. Fox Corp. et al., the Federal Circuit struck down patents that claim machine learning for failing to recite patent eligible subject matter. This is the Federal Circuit's first time encountering AI in a 35 U.S.C. § 101 inquiry, ruling on "whether claims that do no more than apply established methods of machine learning to a new data environment are patent eligible." The Federal Circuit held "they are not."

Recentive Analytics follows the Electric Power Group line of cases, which holds that collecting information, analyzing it, and displaying it is an abstract idea. These three steps are performed in many AI systems, including machine learning, and thus, Electric Power Group and its progeny (including Recentive Analytics) pose a threat to AI systems.

Patent counsel should carefully consider the lessons from the Recentive decision as well as the entire Electric Power Group line of cases. What and how can the applicant do more and demonstrate the patent eligibility of AI, including machine learning?

Listen as our authoritative panel of patent attorneys addresses the Federal Circuit's Recentive decision, the Electric Power Group line of cases, and the lessons that can be learned. The panel will offer best practices for patent drafting strategies.

Outline

I. The patent eligibility of AI inventions

II. Electric Power Group line of cases

III. Recentive Analytics Inc. v. Fox Corp. (Fed. Cir. Apr. 18, 2025), including Federal Circuit reasoning and guidance

IV. Standards for eligibility

V. USPTO guidance

VI. Patent drafting strategies

Benefits

The panel will review these and other relevant issues:

  • What lessons does the Recentive decision teach as to the patentability of machine learning claims?
  • What is the appropriate way to claim machine learning inventions?
  • What steps should patent counsel take to meet patent eligibility requirements?