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ARTICLE · 25 AUGUST 2025

USPTO Issues Examiner Reminders On AI And Software Patents

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On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) issued a memo to examiners in software-related art units, including artificial intelligence (AI) and machine learning, clarifying how to apply subject matter eligibility rules under 35 U.S.C. §101.

United StatesIntellectual Property
Steven D. Shipe
Steven D. Shipe
Scott Simmonds
Scott Simmonds
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Overview

On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) issued a memo to examiners in software-related art units, including artificial intelligence (AI) and machine learning, clarifying how to apply subject matter eligibility rules under 35 U.S.C. §101. The memo does not establish new rules, but highlights the Manual of Patent Examining Procedure (MPEP) and the 2024 AI Subject Matter Eligibility (AI-SME) Update as key references.

The memo reminds examiners to avoid overbroad interpretations of the existing §101 guidance. USPTO attention to the potential for over broadening signals an alignment with the policy priorities outlined in the July AI plan,Winning the Race: America's AI Action Plan.

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