Subject Matter Eligibility Evaluation Reminders From The USPTO

Patent claims must be directed to one of four statutory categories and must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. The judicial exceptions identified by the Manual of Patent Examining Procedure (MPEP) include abstract ideas, laws of nature, and natural phenomena. With the rise of artificial intelligence (AI) and machine learning (ML) inventions, the USPTO is continually publishing guidelines and reminders for how to evaluate claims for subject matter eligibility.

In the most recent USPTO memorandum, published on August 4, 2025, Deputy Commissioner for Patents Charles Kim issued a memorandum to Examiners in three technology centers that commonly handle patent applications directed to artificial intelligence (AI) and machine learning (ML), which are often rejected for lack of patent eligibility under 35 U.S.C. § 101. This memorandum provided reminders and