Tuesday, November 4, 2025

PTAB - Ex parte Desjardins - Appeals Review Panel Reverses Board's Rejection of AI Claims as Ineligible under 35 USC 101

Today, the USPTO designated Ex parte Desjardins precedential. In that case, the Appeals Review Panel (ARP) have reversed PTAB’s new ground of rejection under 35 U.S.C. §101 after determining the claims were directed at improvements in artificial intelligence (AI) technology. 

The USPTO explained: "The ARP decision explains that the claims are patent-eligible, pointing to the Federal Circuit’s Enfish decision, which observes that many advancements in computer technology, “by their very nature, may not be defined by particular physical features but rather by logical structures and processes.” Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1339 (Fed. Cir. 2016). The ARP decision further explains that the claims at issue stand rejected under § 103, demonstrating that §§ 102, 103, and 112 are the traditional and appropriate tools to limit patent protection to its proper scope."

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