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

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.

Live Video-Broadcast: September 28, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

AI Patents Are Won or Lost at the Drafting Stage

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, costeffective domestic and international portfolios. The payoff is practical guidance for representing technology companies, startups, and innovators — patents ready for licensing, enforcement, or litigation.

Key topics to be discussed:

  • Identifying Patentable AI Innovations
    How to coordinate inventor disclosures before public release and identify the AI innovations that qualify for patent protection.
  • 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.
  • AI Claim Drafting
    Claim drafting strategies for machine learning and software inventions, supported by the written description and enablement sufficient to sustain AI claims.
  • 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.
  • Continuations and International Filings
    Using continuation practice strategically and preparing applications for future continuations, international filings, and cost-effective domestic and international portfolios.
  • 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.

This course is co-sponsored with myLawCLE.

Date / Time: September 28, 2026 

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

Usha Parker, Partner | 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.

Agenda

SESSION 1 – Drafting AI Patent Applications That Survive USPTO Scrutiny | 12:00pm – 1:00pm

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.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Patent Prosecution Strategies for AI Technologies: Examiner Interviews, Office Actions, and Portfolio Development | 1:10pm – 2:10pm

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.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Pending CLE Approval
2 General Hours

Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for CLE Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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