Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance
February 4, 2026 The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. It raises the bar for § 101 rejections and offers applicants new tools to defend their claims. The Memo explicitly instructs examiners not to