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Patenting Artificial Intelligence in 2026: Drafting, Prosecuting, and Defending High-Value AI Inventions

AI inventions face patent eligibility hurdles and an increasingly complex USPTO landscape. Learn to draft specifications and claims that survive scrutiny, overcome §101–§112 rejections, conduct productive examiner interviews, and build durable portfolios ready for licensing, enforcement, or litigation.

2026-09-28 12:00:00

Program Details

2026-09-28 12:00:00

2026-09-28 12:00:00

2h CLE Credits

2026-09-28 12:00:00

Program Details

2026-09-28 12:00:00

Program Details

2026-09-28 12:00:00

Over 1,000+ webinars

2026-09-28 12:00:00

Course Overview

AI Patents Are Won or Lost at the Drafting Stage

2026-09-28 12:00:00

Artificial intelligence continues to reshape every industry, and it is creating new challenges for patent practitioners. The USPTO landscape has grown increasingly complex. Patent eligibility hurdles, heightened disclosure demands, and evolving examination practice now test every AI application.

Draft a specification without technical detail, and 35 U.S.C. §101 eligibility challenges follow. Support claims with thin written description, and §112 rejections stall prosecution. Respond to §102 and §103 Office Actions without a strategy, and amendments sacrifice valuable protection. Neglect continuation practice, and future domestic and international filings lose their foundation.

Attendees leave with a working toolkit: drafting strategies for specifications and claims that survive USPTO scrutiny. They gain techniques for productive examiner interviews and a framework for durable, cost-effective domestic and international portfolios. The payoff is practical guidance for representing technology companies, startups, and innovators — patents ready for licensing, enforcement, or litigation.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Identifying Patentable AI Innovations
How to coordinate inventor disclosures before public release and identify the AI innovations that qualify for patent protection.
02
Eligibility-Proof Specifications
How specifications that use examples, embodiments, and technical detail effectively defeat patent eligibility challenges under 35 U.S.C. §101, with practical drafting lessons from AI, wireless, semiconductor, and software technologies.
03
AI Claim Drafting
Claim drafting strategies for machine learning and software inventions, supported by the written description and enablement sufficient to sustain AI claims.
04
Office Actions and Interviews
How to respond to §101, §102, §103, and §112 rejections, prepare for successful USPTO examiner interviews, and amend claims without sacrificing valuable protection.
05
Continuations and International Filings
Using continuation practice strategically and preparing applications for future continuations, international filings, and cost-effective domestic and international portfolios.
06
Portfolio Strategy and Monetization
Freedom-to-operate, clearance, and opinion considerations — and how to align prosecution strategy with business and product development goals, emerging trends, and future licensing, enforcement, or litigation.

Program schedule

clock 12:00 pm - 1:00 pm EST

Drafting AI Patent Applications That Survive USPTO Scrutiny

This session explores practical drafting strategies for patent applications involving artificial intelligence, machine learning, and software-based innovations. Using current USPTO practice, attendees will learn how to prepare stronger specifications and claims, reduce prosecution risks, and improve the likelihood of obtaining meaningful patent protection for rapidly evolving technologies.

Usha ParkerUsha Parker
clock 1:10 pm - 2:10 pm EST

Patent Prosecution Strategies for AI Technologies: Examiner Interviews, Office Actions, and Portfolio Development

Building on the drafting principles discussed in Session One, this session focuses on successfully prosecuting AI patent applications before the USPTO. Attendees will learn practical techniques for responding to Office Actions, conducting productive examiner interviews, managing patent portfolios, and developing prosecution strategies that maximize long-term business value.

Usha ParkerUsha Parker
Usha Parker

Usha Parker

Perilla Knox Hildebrandt Staley & Amy LLP

Usha Parker

Usha Parker

Perilla Knox Hildebrandt Staley & Amy LLP

Usha Parker is a partner at Perilla Knox Hildebrandt Staley & Amy LLP, where she focuses her practice on patent application drafting and prosecution. An electrical engineer who worked at a Navy laboratory and at Motorola before entering law, has drafted hundreds of patent applications and conducted more than a thousand interviews with USPTO examiners.

Education & Credentials

Usha earned her B.S. in Electrical Engineering from Tennessee Tech University, her M.S. in Electrical Engineering from Virginia Tech, and her J.D. from The Ohio State University Moritz College of Law. She is registered to practice before the United States Patent and Trademark Office. She is admitted to the bars of Virginia and the District of Columbia, as well as before the U.S. District Court for the Eastern District of Virginia. She is not licensed to practice in Georgia. She is also a member of three engineering and mathematics honor societies.

Recognition & Leadership

Usha serves on the American Intellectual Property Law Association’s AI Task Force and previously chaired the association’s Electronic and Computer Law Committee. Her articles have appeared in the Intellectual Property & Technology Law Journal, and she has presented at AIPLA programs.

Professional Involvement

Usha is a member of the American Intellectual Property Law Association (AIPLA), the Institute of Electrical and Electronics Engineers (IEEE), and the South Asian Bar Association of Washington, D.C. (SABA-DC).

Experience

Usha’s practice centers on patent preparation and prosecution, with additional experience in litigation support. Before entering law, she served as an engineer at a Navy laboratory and at Motorola. Over the course of her career, she has drafted hundreds of patent applications and conducted over a thousand interviews with USPTO examiners.
Usha Parker

Usha Parker

Perilla Knox Hildebrandt Staley & Amy LLP

Usha Parker is a partner at Perilla Knox Hildebrandt Staley & Amy LLP, where she focuses her practice on patent application drafting and prosecution. An electrical engineer who worked at a Navy laboratory and at Motorola before entering law, has drafted hundreds of patent applications and conducted more than a thousand interviews with USPTO examiners.

Education & Credentials

Usha earned her B.S. in Electrical Engineering from Tennessee Tech University, her M.S. in Electrical Engineering from Virginia Tech, and her J.D. from The Ohio State University Moritz College of Law. She is registered to practice before the United States Patent and Trademark Office. She is admitted to the bars of Virginia and the District of Columbia, as well as before the U.S. District Court for the Eastern District of Virginia. She is not licensed to practice in Georgia. She is also a member of three engineering and mathematics honor societies.

Recognition & Leadership

Usha serves on the American Intellectual Property Law Association’s AI Task Force and previously chaired the association’s Electronic and Computer Law Committee. Her articles have appeared in the Intellectual Property & Technology Law Journal, and she has presented at AIPLA programs.

Professional Involvement

Usha is a member of the American Intellectual Property Law Association (AIPLA), the Institute of Electrical and Electronics Engineers (IEEE), and the South Asian Bar Association of Washington, D.C. (SABA-DC).

Experience

Usha’s practice centers on patent preparation and prosecution, with additional experience in litigation support. Before entering law, she served as an engineer at a Navy laboratory and at Motorola. Over the course of her career, she has drafted hundreds of patent applications and conducted over a thousand interviews with USPTO examiners.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs