The artificial intelligence (AI) revolution poses new problems for deciding patent eligibility, problems for which the current body of U.S. Court of Appeals for the Federal Circuit case law and U.S. Patent and Trademark Office (USPTO) policy is ill-equipped to address. In particular, Alice Step 2, one of the most misunderstood doctrines in all of patent law, has the potential to become even more muddled when considering AI inventions. This is because the case law, as well as examiner practice, have tended to over-emphasize the importance of the conventionality or genericness of computers recited in the claims or described in the specification.

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