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USPTO Leadership Reins in PTAB on AI Eligibility 

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.