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Our recent post Tracking AI Prosecution Trends at the U.S.
Patent Office presented USPTO data which suggests that future
prosecution of AI inventions may be less focused on patent
eligibility under 35 U.S.C. §101 and more focused on the
traditional requirements of §§ 102, 103 and 112. This
post is the first of a two part series looking into the challenges
that AI inventions present to one of these traditional
requirements: patent disclosure under 35 U.S.C.
§112(a). In this Part I, we identify the unique
disclosure issues with AI inventions. In Part II, we provide