"AI Patent Eligibility Has Shifted With One Machine-Learning Case"

In an analysis written for Bloomberg Law, Marshall Gerstein Partner and patent attorney Matt Carey discusses key developments from the U.S. Patent and Trademark Office that treat artificial intelligence and machine learning inventions more favorably than they have in quite some time under Section 101 of the U.S. Patent Act. A key shift in this approach centers on the Ex parte Desjardins case, which has led to new guidance reshaping how examiners and applicants alike think about patent eligibility for AI-related claims.

"The PTO made waves in September 2025 when the Appeals Review Panel, under Director John Squires, vacated a Section 101 rejection in Desjardins," Matt writes in Bloomberg Law.