PatentNext Summary: Announcing the IPO’s AI Patenting Handbook V3.0, which is a newly updated third edition of IPO’s practical guide for attorneys working with AI-related inventions and technologies. It offers a clear framework for understanding modern AI (including foundation models and generative AI), drafting and prosecuting stronger AI patent applications, and navigating enforcement, global practice
When we first covered Ex parte Desjardins, we noted that the decision, which was issued just days after Director John Squires took office, could mark the beginning of a new era for AI and software patent eligibility at the USPTO. That prediction now appears well-founded. On November 4, 2025, Director Squires designated the Desjardins
PatentNext Summary: The Desjardins decision, co-authored by new USPTO Director John Squires, signals a potential shift toward greater patent eligibility for AI and software innovations. By vacating a § 101 rejection and warning that “categorically excluding AI innovations from patent protection in the United States jeopardizes America’s leadership in this critical emerging technology,” the
PatentNext Summary: The USPTO issued “Reminders” for examiners in Tech Centers 2100/2600/3600 addressing §101 eligibility for software and Artificial Intelligence(AI) / Machine Learning (ML)-related inventions; while not changing the MPEP, the guidance is meant to sharpen examination practice. It clarifies Step 2A, Prong One by limiting “mental process” to what can be practically performed in
PatentNext Summary: In a precedential decision, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s §101 dismissal of patent claims relating to an automated system for dumbbell weight selection and adjustment, finding that the claims were not abstract under Alice step one and therefore are patent-eligible. The Federal Circuit held that
PatentNext Summary: Recent rulings from the Northern District of California in Bartz v. Anthropic and Kadrey v. Meta provide the first substantive guidance on how the fair use doctrine applies to AI training, particularly for large language models (LLMs). Both courts found that using lawfully obtained copyrighted books for LLM training can qualify as “highly
PatentNext Summary: In Brightex Bio-Photonics, LLC v. L’Oreal USA, Inc., the U.S. District Court for the Northern District of California invalidated patent claims relating to AI-driven cosmetic recommendations, finding them directed to an abstract idea under 35 U.S.C. § 101. The court held that while the specification referenced artificial intelligence, the claims themselves failed
PatentNext Summary: The Federal Circuit’s decision in Recentive Analytics, Inc. v. Fox Corp. found that applying generic machine learning techniques to a new environment, without a specific technological improvement, is patent-ineligible under 35 U.S.C. § 101. The court emphasized that claims must articulate concrete technological advancements rather than merely applying established methods to different domains.
Recent headlines suggest that prominent technology CEOs are tossing tepid water onto the quantum computing narrative, leading to a sell-off of quantum computing stocks in January 2025. However, quantum computing CEO’s disagree, asserting that commercial quantum computers are already here and delivering value to clients. While the timeline for widespread quantum utility remains debated, one
Agentic AI is transforming artificial intelligence by enabling systems to act independently, making decisions and solving problems autonomously across various industries. Its potential rapid development poses unique challenges for intellectual property protection, requiring innovative strategies to ensure these advancements are effectively safeguarded within the evolving IP landscape.
Introduction
Last year, we explored how Multimodal AI