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The USPTO’s decision in Ex parte Desjardins is good news for applicants in the AI and software spaces. The Appeals Review Panel (ARP), including newly appointed Director John Squires, overturned a Patent Trial and Appeal Board (PTAB) decision that had raised a new § 101 eligibility rejection.  

The PTAB had treated the claims as directed to a mathematical algorithm without integration into a practical application, but the ARP found they reflected concrete improvements in how an AI model functions. This matters beyond one case: the ARP emphasized that eligibility should not be denied merely because claims involve mathematical concepts, algorithms, or machine learning.

On August 4, 2025, the USPTO issued a subject matter eligibility memorandum aimed at examiners in key technology centers handling AI and software inventions. The memo makes clear that it is not intended to announce new policy or procedure but rather to reinforce longtime guidance under 35  U.S.C. § 101.