IP Policy Institute Study Shows Significantly Higher Rates of Section 101 Invalidations for AI Patents

Jul 13, 2026

1 minute read

University at Buffalo Professor Amy Semet's study analyzing 14,000 AI patents litigated in U.S. district courts from 2000-2025 finds AI patents face significantly higher Section 101 subject matter eligibility invalidation rates than non-AI patents, particularly post-Alice v. CLS Bank (2014). Conversely, AI patents show lower obviousness invalidations under Section 103. The research reveals AI patents face a "double hurdle" - harder to keep valid and harder to enforce when valid, creating systematic disadvantages for AI inventions in patent litigation.

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