Ex parte Desjardins Bolsters Patent Eligibility for AI-related Inventions as Appeals Review Panel Vacates Board's 101 Rejection

Attorney: Nicholas Rosa, Ph.D.
October 6, 2025

On September 26, 2025, the Appeals Review Panel of the Patent Trial and Appeal Board (“PTAB”) published a decision reviewing the PTAB’s denial of rehearing in Ex parte Desjardins (“Review Decision”).[1] The Review Decision authored by new Director Squires is expected to send shockwaves through the PTO in regard to eligibility for Artificial Intelligence (“AI”) and Machine Learning (“ML”) applications.  The Review Decision is available here.<... Read more

CAFC Weighs In On Machine Learning in Recentive Analytics v. Fox Corp.

Attorney: Sameer Gokhale
April 29, 2025

On April 18, 2025, the Court of Appeals for the Federal Circuit issued a precedential decision relating to a question of whether claims that do no more than apply established methods of machine learning to a new data environment are patent eligible. A copy of the decision can be found here.<... Read more

USPTO Issues AI Subject Matter Eligibility Guidance

Attorney: Sameer Gokhale
July 22, 2024

The U.S. Patent and Trademark Office (USPTO) has issued an update to the guidance on patent subject matter eligibility to address artificial intelligence (AI). This update provides further clarity and consistency on how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology.  The guidance update also announces three new examples of how to apply this guidance through a few key technologies. <... Read more

Amgen and AI

Attorney: Sameer Gokhale
December 13, 2022

In the Federal Circuit decision in Amgen Inc. v. Sanofi[1], while invalidating two of Amgen’s antibody patents, the CAFC made the following statement regarding the enablement requirement of 35 U.S.C. §112.<... Read more

Federal Circuit Agrees with the USPTO: an AI System Cannot be an Inventor

Attorney: Kurt M. Berger, Ph.D.
August 16, 2022

The Federal Circuit recently affirmed a decision in the Eastern District of Virginia holding that the Patent Act unambiguously requires an inventor to be a natural person.<... Read more