On August 5, 2025, the USPTO published a memo to guide examiners in evaluating subject matter eligibility of claims under 35 U.S.C. 101.
The USPTO stated: "Examiners in software-related arts, including Artificial Intelligence (AI) and Machine Learning, often encounter challenges in evaluating whether the claims are directed to a judicial exception when analyzing claims for subject matter eligibility. This memorandum provides important reminders pertaining to the United States Patent and Trademark Office’s(USPTO’s) subject matter eligibility guidance, articulated in the Manual of Patent Examining Procedure (MPEP), to aid examiners in these evaluations."
For more detail see the USPTO memo.
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