USPTO Clarifies Eligibility Examination Standards For Software Innovations

On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) released a new memorandum to patent examiners in Technology Centers 2100, 2600, and 3600, providing targeted reminders on evaluating subject matter eligibility (SME) under 35 U.S.C. § 101 for software-related inventions, including Artificial Intelligence (AI) and Machine Learning (ML) technologies. The guidance, issued by Deputy Commissioner for Patents Charles Kim, reinforces existing USPTO practice and clarifies common issues in applying the agency's Step 2A analysis of the Alice/Mayo framework.

While the memorandum does not establish new policy, it provides additional emphasis on four key examination topics:

1. Reliance on the "mental process" grouping of abstract ideas;