Steven D. Shipe, Scott 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."
