Opening Summary
The USPTO designated Ex Parte Desjardins precedential and released an advance-notice memo on §101 eligibility, effectively resetting practice for AI-related claims.
What Happened
According to USPTO on December 5, 2025 in Federal — USPTO / PTAB, The USPTO designated Ex Parte Desjardins precedential and released an advance-notice memo on §101 eligibility, effectively resetting practice for AI-related claims. The primary source is linked in the Source section below; readers are encouraged to review it directly for full context.
Why This Is Trending Now
The decision reshapes early-motion strategy in AI and software patent prosecution.
Why Businesses Should Pay Attention
Applicants can more effectively challenge premature §101 rejections.
Practical Considerations
Businesses may want to monitor the status of the underlying rule, filing, proceeding, or announcement as it evolves. Companies may need to evaluate how this development could interact with current contracts, licenses, disclosures, and compliance programs. The issue may raise questions around vendor obligations, reporting timelines, and internal policy updates that warrant discussion with qualified counsel.
Cogent Law Perspective
Cogent Law and its patent counsel network build §101 strategies aligned with Desjardins. The best next step is to speak with counsel about the facts specific to your organization.
Key Takeaways
- The decision reshapes early-motion strategy in AI and software patent prosecution.
- Applicants can more effectively challenge premature §101 rejections.
- Cogent Law and its patent counsel network build §101 strategies aligned with Desjardins.
- Review the primary source from USPTO for the full record before making any decisions.
- Speak with Cogent Law to discuss how this development may affect your business.
Related Practice Areas
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Legal Disclaimer
This update is provided for general informational purposes only and does not constitute legal advice. Reading this update does not create an attorney-client relationship. For advice regarding a specific matter, please contact Cogent Law.
