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Client Alert: Precedential Desjardins Decision Prompts MPEP Updates on §101 Eligibility
The USPTO issued a memo announcing upcoming revisions to the MPEP following the precedential Ex Parte Desjardins decision. These changes incorporate Desjardins’ reasoning into the subject matter eligibility framework under §101 but do not create new examination standards. The updates reaffirm existing guidance and clarify that improvements in AI, machine learning, and software can qualify as patent-eligible technological advancements.
Read the Cantor Colburn client alert for an analysis of the situation and what it means for you.
For Further Information and Assistance
Attorneys in Cantor Colburn’s Computer Science Practice Group and Artificial Intelligence Practice Group have substantial experience representing clients in these types of matters. Primary contacts are:
- David Kincaid, Partner and Artificial Intelligence Practice Co-Chair
- Jeffrey Waters, Partner in Charge of the Atlanta Office and Computer Science Practice Chair
This client alert was written by David Kincaid with contributions from Jeffrey Waters.
Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.
