President Donald Trump has made clear that he wants the United States to dominate artificial intelligence. That ambition is warranted, but if Washington is serious about global AI leadership, it must confront a hard truth: Under current patent law, AI-related patents are being relegated to second-class status in U.S. courts.

AI patents now face a clear double hurdle because of judicial recklessness. They are more likely to be invalidated and less likely to be found infringed than comparable non-AI patents. In short, they are easier to kill and harder to enforce.

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AI patents lose on validity and infringement more often when courts reach the core legal question. That’s the inescapable pattern Amy Semet’s “An Empirical Study of Artificial Intelligence Patent Litigation” finds. Her research links the USPTO’s Artificial Intelligence Patent Dataset to roughly 80,000 district court decisions and confirms the result across multiple AI definitions and case factors.

On the question of whether........

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