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Client Alert Trevor Rubin Client Alert Trevor Rubin

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.

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