Cause For Inventor Optimism For AI-Based Patent Applications After Recent USPTO Memoranda?

Published
Score
4

Why it matters

The core event is a series of USPTO memoranda signaling a shift toward greater patent eligibility for AI inventions under §101, reversing prior restrictions on AI-assisted claims deemed abstract ideas under the Alice framework.[1][3][4][6] Key developments include the August 2025 "Kim Memo" from Deputy Commissioner Charles Kim, reminding examiners to carefully assess AI eligibility using MPEP §2106; December 2025 "Subject Matter Eligibility Declaration" (SMED) memos from Director John Squires, encouraging expert declarations to demonstrate technical improvements; and a December 5, 2025 memo updating the MPEP based on the precedential PTAB decision Ex Parte Desjardins, which upheld eligibility for machine learning claims addressing "catastrophic forgetting."[1][4][6][9]

Involved parties are USPTO Director John Squires (nominated early 2025, took office September 2025), Deputy Commissioner Charles Kim, the Patent Trial and Appeal Board (PTAB), and patent examiners/applicants in AI fields.[1][3][4][9] No specific companies or legislation are named, but the guidance targets AI innovators, practitioners, and emerging tech sectors like machine learning, crypto, and quantum computing.[4][9]

This follows a restrictive July 2024 USPTO AI eligibility guidance and examples that curbed "token" AI use to overcome rejections, making the agency more inventor-hostile; the new memos under Squires' leadership restore balance by recognizing AI-internal improvements (e.g., model training/retention) as "practical applications."[1][3][7][9] Timeline: July 2024 (restrictive guidance) → August 2025 (Kim Memo) → December 2025 (SMED/MPEP updates post-Desjardins).

Newsworthy now (March 2026) as these changes predict a "golden age" for AI patents in 2026, with expected rises in filings, allowance rates, and broader claims amid surging AI innovation, per legal analyses post-memos.[1][5][9] Practitioners note tools like SMEDs and emphasized technical improvements (e.g., performance/efficiency gains) enable overcoming rejections, boosting inventor optimism.[3][6][7]

Sources

mail

Get notified about new Intellectual Property developments

Primary sources. No fluff. Straight to your inbox.

See more entries tagged Intellectual Property.