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Clarity, Not Change: Understanding the USPTO’s Latest § 101 Guidance

The Patent Lawyer Magazine

Cantor Colburn Partners David Kincaid and Jeffrey Waters analyze the USPTO’s memo reinforcing consistency in subject matter eligibility, especially for software and AI inventions, and share practical implications for navigating §101 rejections, in their article "Clarity, Not Change: Understanding the USPTO’s Latest § 101 Guidance" in the Patent Lawyer Magazine 2026 Annual Issue.

David co-chairs Cantor Colburn’s Artificial Intelligence Practice. He is a recognized thought leader and frequent speaker and writer on AI and IP topics. Jeff is Partner in Charge of the Atlanta Office and chairs the Computer Science Practice.

David Kincaid and Jeffrey Waters, Cantor Colburn photos

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