Alerts8.21.25
USPTO Issues Examiner Reminders on AI and Software Patents
Guidance under 35 U.S.C. §101 reinforces practical application and cautions against overbroad rejections
On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) issued a memo to examiners in software-related art units, including artificial intelligence (AI) and machine learning, clarifying how to apply subject matter eligibility rules under 35 U.S.C. §101. The memo does not establish new rules, but highlights the Manual of Patent Examining Procedure (MPEP) and the 2024 AI Subject Matter Eligibility (AI-SME) Update as key references.
Keep Up to Date in a Changing World
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you’re interested in learning more about.
