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.