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AI vs. TC: Artificial Intelligence, Application Routing, and the Battle for Consistency at the USPTO
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AI vs. TC: Artificial Intelligence, Application Routing, and the Battle for Consistency at the USPTO
On August 4, 2025, the USPTO issued a memo to patent examiners with the subject “Reminders on evaluating subject matter eligibility of claims under 35 U.S.C. 101.” [1] Much has been made of these reminders and what they might signal in terms of a possible shift in how the Office treats rejections under § 101, in particular for applications involving software and artificial intelligence (AI). [2][3][4] However, it is worth considering that these …
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