Ten years after the U.S. Supreme Court’s decision in Alice v. CLS Bank, artificial intelligence (AI) and machine learning (ML) technology patents in the life sciences sector remain at significant risk for challenges under the Alice framework. Yet, according to attorneys at Mintz, understanding and reviewing recent cases can help companies navigate these complexities, avoid common pitfalls, and successfully defend their patents.
Since the Alice decision, which established a two-part test for determining patent eligibility, numerous patents have been invalidated at both district court and appellate levels. This ongoing legal scrutiny necessitates a strategic approach to patent drafting and litigation to ensure robustness against such challenges.