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ARTICLE · 07 JANUARY 2026

AI Patent Outlook For 2026

Greenberg Traurig
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After years of resistance from the United States Patent and Trademark Office (USPTO) toward AI patent applications, the patent outlook for AI-related inventions in 2026 appears to be promising thanks to recent changes...

United StatesIntellectual Property
Robert D. Ward
Robert D. Ward
Kristopher Reichlen
Kristopher Reichlen

After years of resistance from the United States Patent and Trademark Office (USPTO) toward AI patent applications, the patent outlook for AI-related inventions in 2026 appears to be promising thanks to recent changes at the USPTO under Director John A. Squires.

On Sept. 22, 2025, the USPTO swore in Squires as its 60th director. Since taking office, he has implemented changes impacting AI-related patent applications, underscoring both the importance of AI and the USPTO's role in safeguarding these foundational technologies. While the USPTO does not have the authority to create or change laws, under Director Squires' leadership the agency has issued numerous press releases and memoranda recalibrating the USPTO's examination procedures and overall approach to AI-related inventions within the existing legal framework. Additionally, putting this recalibration into practice, Director Squires overturned a Patent Trial and Appeal Board (PTAB) decision that held an

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