INSIGHTS
Client Alerts & Publications
USPTO Director Reverses PTAB § 101 Rejection, Reaffirms Patent Eligibility for AI Innovations
On September 26, 2025, John Squires, the Under Secretary of Commerce and Director of the USPTO, vacated a PTAB decision that ruled an AI invention ineligible for patenting, emphasizing the need for Examiners to adhere to Federal Circuit precedents like Enfish. This decision demonstrates his commitment to ensuring that genuine technological improvements receive appropriate patent protection.
USPTO Issues New Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101
On August 4, 2025, the USPTO issued critical guidance that could significantly reduce § 101 rejections for AI and software patents. This memorandum reinforces existing law but provides examiners with clearer boundaries and a higher standard for making eligibility rejections. For companies developing AI, machine learning, and software technologies, this guidance represents a more favorable examination environment and opportunities to overcome previously problematic rejections.