USPTO announces agentic AI-assisted evaluator for patent eligibility determinations; United States Patent and Trademark Office (USPTO), April 1, 2026

United States Patent and Trademark Office (USPTO) ; USPTO announces agentic AI-assisted evaluator for patent eligibility determinations

"As part of the U.S. Patent and Trademark Office's (USPTO) continued efforts to incorporate artificial intelligence (AI) into agency operations—first with the Artificial Intelligence Search Automated Pilot Program, or “ASAP!,” for patent prior art references followed by the Trademark Classification Agentic Codification Tool, or “Class ACT,” for trademark searching—the USPTO today announced the first-of-its-kind agentic AI tool to assist in patent eligibility determinations under 35 U.S.C. §101. 

America’s Innovation Agency’s new AI system, termed “McConaughey Agentic Tasking Technology Helping Examiner Workload,” or “MATTHEW,” for short, will help examiners tackle the thorniest of eligibility questions as to whether claims presented are an abstract idea or a patent-eligible invention. “MATTHEW will greatly enhance our ability to make the close calls—or any call, really—as I herewith also suspend all applicable precedent, including Desjardins, Alice, and Mayo,” said USPTO Director John A. Squires. “Basically, in terms of eligibility, if MATTHEW says your invention is ‘Alright, Alright, Alright,’ then it’s ‘Alright, Alright, Alright’ with the USPTO.” 

“Initially, we had some concerns that we would be introducing a three-part test in place of the two-part test under Alice and Mayo, but I think we’ll be al…um, okay,” he continued.

“We want to equip our examiners—the best in the world at what they do—with the best tools to assist them,” said Director Squires. “In fact, MATTHEW was selected after careful evaluation of best-in-breed offerings, including the ‘Binary Eligibility Engaged Translation Language Environment Joint User Interface Computational Evaluator,’ or ‘BEETLEJUICE,’” he stated. “But the coders had some issues in testing when they said the name three times. I hope they’ll be al…um, okay,” remarked the Director. 

When asked if the USPTO licensed its tool in light of famed actor McConaughey’s recent Name Image and Likeness (NIL) ‘non-traditional’ registrations, Director Squires retorted, “Well, he’s the one who said, ‘trademark yourself!’—I think the Founders would have wanted this.” When asked if he had heard from Mr. McConaughey’s lawyers, Director Squires produced an unintelligible, guttural chanting sound and began rhythmically beating his chest with his fist.

For more information on this trailblazing AI system, please visit the USPTO website."

Next PTO Director must have management experience, patent savvy, and leadership skills; IPWatchdog, June 12, 2017

Judge Paul Michel, IPWatchdog; Next PTO Director must have management experience, patent savvy, and leadership skills

"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills.  Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm.   Same for the gifted academics who provide  such useful commentary on all matters patent.  Same with former Capitol Hill staffers(I was once one myself).  They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.

Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization.  Of course, the person must also have experience prosecuting, licensing and litigating patents.  And, a background in science or engineering.  But many patent lawyers have such experiences.  Few, however have the necessary management chops.

In my opinion, David Kappos embodied all these attributes to a great degree.  And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others.  A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.

Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade.  Today, those debates continue, unabated."