“Riding the Changing Winds for AI Innovations at the USPTO”
December 15, 2025In a Law360 column authored by Marshall Gerstein Partner and patent attorney Ryan Phelan and his colleague Mark Campagna, an in-house attorney with experience at major technology companies, recent changes at the U.S. Patent and Trademark Office are reviewed, examining their impact to software and artificial intelligence innovations. In light of the agency’s recent reminders on Title 35 of the U.S. Code, Section 101, Ryan and Mark suggest that the USPTO is not changing the law as it is refocusing the lens through which examiners view subject-matter eligibility.
"But for AI-assisted inventions, the focusing is significant,” the authors point out in the article. "The reminders are directed at examiners in Technology Centers 2100, 2600 and 3600, which receive the bulk of software and AI-related applications, and have quickly become a practical road map for evaluating AI claims.”
Ryan and Mark provide innovators with a roadmap for seeking patent protection for AI-related developments.
Read their full article in Law360.