Beyond Section 101: 2026 Intellectual Property Outlook

A blog cannot live on patent eligibility alone. Below are the intellectual property developments we're tracking closely and why they matter.

Section 101 in 2026: A Deliberate Split Between Examination and Enforcement

You are reading the Section 101 blog, so this must go first.

The U.S. Court of Appeals for the Federal Circuit's Recentive decision reinforced a familiar message for artificial intelligence (AI) and software claims in litigation: Applying generic techniques to a new data environment, with results‑oriented claim language, is ineligible under Section 101 absent technological improvement to the model or computer itself. At the same time, the U.S. Patent and Trademark Office's (USPTO) Desjardins framework and subsequent guidance nudge examiners to treat Section 101 as a gatekeeper and address breadth, inventiveness and clarity under Sections 102, 103 and 112, recognizing practical applications at Step 2A where appropriate.