AI Patent Eligibility Has Shifted With One Machine-Learning Case
AI Patent Eligibility Has Shifted With One Machine-Learning Case
Publish Date: 2026-02-06 04:30:00
Source Domain: news.bloomberglaw.com
Here is a summary of the key points from the article on recent developments regarding artificial intelligence and machine learning inventions’ patent eligibility under Section 101 of the US Patent Act:
-
Shift in PTO Treatment: Recently, the US Patent and Trademark Office (PTO) has begun to more favorably consider AI and machine learning inventions for patent eligibility.
-
Ex parte Desjardins Case: The pivotal case that spearheaded this shift was Ex parte Desjardins, where the Appeals Review Panel overturned a Section 101 rejection, illustrating that claims related to meaningful technical improvements in machine learning are patent-eligible.
-
Practitioner Guidance: The PTO designated Ex parte Desjardins as a precedential decision, implying a formal shift away from reflexive abstract-idea exclusions for AI innovations.
-
Focus on Technical Improvements: New guidance and updates to the Manual of Patent Examining Procedure (MPEP) now require examiners to evaluate claims based on specific architectural, performance, or complexity improvements rather than high-level functionalities or business methods.
-
Practical Implications: Effective for patent applicants now means focusing on describing and substantiating concrete technical advancements in AI technologies.
-
Future Trends: These developments indicate a more favorable landscape for AI patent eligibility, evidenced by subsequent decisions that align with this new framework.
Please note that this summary aims to provide a general understanding of the changes in PTO practices, and for detailed legal advice or specific information, consulting with a patent attorney would be advisable.
