Friday, August 22, 2025

USPTO Issues Examiner Reminders on AI and Software Patents; The National Law Review, August 21, 2025

Steven D. ShipeScott M. Simmonds of Barnes & Thornburg LLP  , The National Law Review; USPTO Issues Examiner Reminders on AI and Software Patents

"Key Points from the Memo

  • Rejections Should Not Be “Close Calls”
    • Examiners are reminded that rejections under §101 should only be made if it is more likely than not that claims are ineligible.
    • If eligibility is uncertain, rejection is not appropriate."

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