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In an analysis written for Bloomberg Law, Marshall Gerstein Partner and patent attorney Matt Carey discusses key developments from the U.S. Patent and Trademark Office that treat artificial intelligence and machine learning inventions more favorably than they have in quite some time under Section 101 of the U.S. Patent Act. A key shift in this approach centers on the Ex parte Desjardins case, which has led to new guidance reshaping how examiners and applicants alike think about patent eligibility for AI-related claims.
"The PTO made waves in September 2025 when the Appeals Review Panel, under Director John Squires, vacated a Section 101 rejection in Desjardins," Matt writes in Bloomberg Law.
In November 2025, the USPTO also designated Ex parte Desjardins as a precedential decision. According to Matt, "This was more than symbolic—it meant Desjardins was now the binding authority across the PTO and would formally guide both examination and appeal decisions."
The elevation of Desjardins signaled that the USPTO wants examiners to assess Section 101 eligibility through the lens of technical contribution rather than reflexive abstraction. "Claims that describe specific architectural, performance, or complexity improvements to AI and machine-learning systems are now firmly within the realm of patent eligibility," Matt writes.
"For practitioners and applicants, the lesson is that successful AI patenting is increasingly about claiming and supporting specific technical improvements, not just high-level outcomes or the use of AI in a business context," Matt notes.
Read Matt's full analysis in Bloomberg Law.
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