Patentability of inventions involving artificial intelligence (“AI”) can have an outsized impact on how companies in the health care space protect their intellectual property—patents in particular. Recent decisions in the health care space further complicate the issue.

We recently explored different strategies for patenting medical devices and software, offering a roadmap to effective claims drafting. However, a recent decision in the Western District of Texas involving machine learning technology highlights the many nuances involved with patenting AI and inventions created by AI. Here we offer an updated analysis of the developing situation and some practical tips on how to best protect AI inventions in this evolving landscape.