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ARTICLE · 14 OCTOBER 2025

A Turning Point For AI Patent Eligibility?

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In a notable early move as Under Secretary of Commerce and USPTO Director, John Squires has vacated a Patent Trial and Appeal Board (PTAB) decision that had introduced a new § 101 rejection against a DeepMind patent application on machine-learning methods (Ex parte Desjardins, Appeal 2024-000567, App. 16/319,040).

United KingdomIntellectual Property
HGF Limited
HGF Limited
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Director Squires Vacates PTAB § 101 Rejection in DeepMind Case

In a notable early move as Under Secretary of Commerce and USPTO Director, John Squires has vacated a Patent Trial and Appeal Board (PTAB) decision that had introduced a new § 101 rejection against a DeepMind patent application on machine-learning methods (Ex parte Desjardins, Appeal 2024-000567, App. 16/319,040). The decision, issued through the Appeals Review Panel (ARP), signals a possible policy shift in how the USPTO approaches patent eligibility for AI-related inventions. Full decision: USPTO PDF (Sept 26 2025)

The case

The DeepMind application concerned techniques for sequentially training machine-learning models to improve efficiency and reduce "catastrophic forgetting." While the examiner had rejected the claims under § 103 for obviousness, the PTAB went further, adding a new § 101 rejection sua ponte, finding the claims to be directed to an abstract mathematical algorithm without a

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