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ARTICLE · 12 MARCH 2025

PTAB Overturns A Subject Matter Eligibility Rejection Of Claims Directed To A Quantum-Computing Method

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On February 13, 2025, Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO) overturned a patent eligibility rejection of claims directed to a method of performing a computation.

United StatesIntellectual Property
Erik Huestis
Erik Huestis
Alexander Akhiezer
Alexander Akhiezer
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Summary

On February 13, 2025, Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO) overturned a patent eligibility rejection of claims directed to a method of performing a computation using a quantum computer (Ex parte YUDONG CAO, Appeal 2024-002159, Application 16/591,239). Whether claims of this type would pass the patent eligibility muster, so-called Mayo/Alice test, has for some time been a matter of debate. In the absence of substantial precedential guidance by PTAB or Federal Circuit in the area of quantum computers, this PTAB decision provides an important positive data point.

The Decision

The rejected claims were directed to a method for solving a linear systems of equations using a hybrid computer system that includes both a classical computer and a quantum computer (HQC). The preamble of Claim 1 reads:

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