This Cantor Colburn client alert provides insight on a recent Federal Circuit decision, Enviro Tech Chemical Services, Inc. v. Safe Foods Corp., which held that certain patent claims were invalid as indefinite under 35 U.S.C. § 112(b). The Court found that the use of the term “about” in a numerical range, without clear guidance in the patent record, failed to define the scope of the invention with reasonable certainty.

Five Cantor Colburn partners are recognized by the Legal 500 in its inaugural City Elite rankings for Atlanta: Christine Wilkes Beninati, David Kincaid, David Rodrigues, Ph.D., Karl Vick, and Jeffrey Waters. The City Elite category spotlights standout attorneys driving innovation and growth in key U.S. cities.

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.

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.

On August 4, 2025, the Deputy Commissioner for Patents issued a memorandum titled “Reminders on evaluating subject matter eligibility of claims under 35 U.S.C. 101,” reinforcing existing guidance on assessing subject matter eligibility, particularly for software and artificial intelligence (AI)-related claims. It does not create new rules but emphasizes the consistent application of current USPTO procedures.

The USPTO has announced the Deferred Subject Matter Eligibility (SME) Response Pilot Program, which launches on February 1, 2022, and provides applicants with a limited waiver with respect to SME rejections applied against an application. The program provides a sequenced approach to handling substantive rejections, where SME rejections are handled after the resolution of all other patentability rejections.

Jeffrey Waters will speak on the panel, "Aligning Your Portfolio & IP Strategy with The Business" at the IP Strategy Summit: New York City, presented by CenterForce, on November 20, 2024.  Partners Phil Colburn and Howard Levy will also attend.

Jeff Waters will attend The 2024 Annual Corporate IP Institute, presented by the Georgia Intellectual Property Alliance and the Atlanta Bar Association Intellectual Property Law Section. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets.  The annual two-day annual event is to be held at the Georgia State University Knowles Conference Center, October 29-30, 2024, and features a Keynote Fireside Chat with Elizabeth Dougherty, Director of the USPTO Northeast Regional Outreach Office.

The alumni of UNH Franklin Pierce School of Law, in partnership with UNH Franklin Pierce, are holding a kickoff event on August 27, 2024, for Atlanta area alumni. Partner in Charge of the Atlanta Office and Chair of the Computer Science Practice Jeff Waters '03, will attend. 

Georgia Intellectual Property Association (GIPA) presents the Corporate IP Roundtable on April 25, 2024. GIPA members benefit from discussing best practices on key topical issues with other corporate IP leaders from global corporations. Cantor Colburn's Jeffrey Waters and Alex Tucker will attend. 

Jeffrey Waters will speak on the panel, "The 3 Pillars of your Patent Prosecution: Innovation, Insights & Strategy" at the IP Strategy Summit: Seattle on January 23, 2024.  

Cantor Colburn Partner Jeff Waters will attend The 2023 Annual Corporate IP Institute, presented by the Georgia Intellectual Property Alliance and the Atlanta Bar Association Intellectual Property Law Section. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets.  The annual two-day annual event is to be held at the Georgia State University Knowles Conference Center, November 14-15, 2023.

Jeffrey Waters will speak on the panel, "The 3 Pillars of your Patent Prosecution: Innovation, Insights & Strategy" at the IP Strategy Summit: New York City on November 1, 2023.  

Jeffrey Waters will be a panelist for the webinar "Structuring Non-Infringement Opinions and Reducing Risk of Patent Infringement: Key Considerations and Provisions" on August 23, 2022, presented by Strafford for CLE credit.

Georgia Intellectual Property Association (GIPA) presents the Corporate IP Roundtable on April 28, 2022. GIPA members benefit from discussing best practices on key topical issues with other corporate IP leaders from global corporations. Cantor Colburn's Phil Colburn and Jeffrey Waters will attend. 

The 100th Dinner in Honor of the Federal Judiciary will be held on March 25, 2022 in New York City.

From October 19-20, 2021, The Georgia Intellectual Property Alliance's Corporate Intellectual Property Institute will take place virtually. Partner Jeff Waters will attend.

Cantor Colburn is proud to be a returning Gold Sponsor of the CIP CUP® 2021 Charity Intellectual Property Golf Tournament on October 4, 2021 in Johns Creek, Georgia.

Georgia IP Alliance (GIPA)'s Corporate IP Roundtable takes place on October 6, 2020, featuring Phyllis T. Turner-Brim, Vice President and Asst. General Counsel IP and Technology at Starbucks Coffee Co. Jeffrey Waters, Partner in Charge of the Atlanta Office and Co-Chair of the Computer Science Practice Group will attend the virtual event. 

Cantor Colburn is proud to sponsor the 2019 IPO Education Foundation Awards Dinner which recognizes the 46th Inventor of the Year,  IP Video Contest Winners, and more. The event takes place on December 12, 2019 in Washington, D.C. 

Cantor Colburn is proud to be a returning Gold Sponsor of the CIP CUP® 2019 Charity Intellectual Property Golf Tournament on October 3, 2019.

Cantor Colburn partners Brad Lawrence and Jeff Waters will be panelists discussing "Patent Prosecution Sourcing Models: Best Practices in Driving Quality Patents on Strategy and Budgets." This webinar is presented by Derwent and IPWatchdog and airs live on July 16, 2019 at 12 PM Eastern. 

The Georgia Intellectual Property Alliance presents the 15th Annual IP Hot Topics Luncheon, "The Future of Autonomous Vehicles & Luxurious Mobility" on May 9, 2019, in Atlanta. 

Partner Jeffrey Waters presents the webinar, "Information Disclosure Best Practices: Navigating Risks of IDS Filings" on April 4, 2019, with Michael Rau, Director IP Technical Services at Clarivate Analytics and Gene Quinn, IP Watchdog Founder. 

Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 97th Annual Dinner in Honor of the Federal Judiciary on March 22, 2019. The firm is a longtime sponsor of the Judges' Dinner.

Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The Annual Corporate IP Institute®, presented by the university's College of Law and the J. Mack Robinson College of Business, and the Atlanta Bar Association Intellectual Property Law Section. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets.  The annual two-day annual event is held at the Georgia State University Student Center, October 22-23, 2018.

Cantor Colburn is sponsoring The IP Strategy Summit: Atlanta on April 25, 2018 in Atlanta where Co-Managing Partner Philmore Colburn II will be a featured speaker. 

Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 96th Annual Dinner in Honor of the Federal Judiciary on March 23, 2018. The firm is a longtime sponsor of the Judges' Dinner.

Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The 11th Annual Corporate IP Institute®.

Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 95th Annual Dinner in Honor of the Federal Judiciary on March 31, 2017.

Partner Jeffrey Waters will speak on “IP creation: The process of patenting” at the 25th International Conference for Management of Technology in Orlando, Florida on May 18, 2016. The theme for the conference is Technology – Future thinking, where researchers, scholars and industry participants from all over the world will explore ideas, innovations, and technologies that change lives, and transform the world.  Jeff concentrates his practice on drafting and prosecuting patents for mechanical and electrical innovations.

Cantor Colburn is pleased to sponsor the IP Think Tank and 12th Annual Intellectual Property Hot Topics Luncheon presented by the Georgia State University College of Law. Partners Peter Hagerty and Jeffrey Waters will attend. 

Cantor Colburn is sponsoring The IP Strategy Summit: Atlanta on March 1 at the Twelve Hotel in Atlanta, Georgia, where Co-Managing Partner Philmore Colburn II will be a featured speaker. 

Cantor Colburn is pleased to sponsor The Corporate IP Institute®, presented by the Georgia State University College of Law and the J. Mack Robinson College of Business. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets.  The annual two-day annual event is held at the Georgia State University Student Center, on October 27 & 28, 2015.