Exciting new series on “Voice, Body and Movement for Lawyers – How to connect with the jury and find Justice Through Dramatic Technique!”
Click here to find out moreThis program examines critical 2025-2026 developments in patent eligibility for software and AI inventions and provides strategic guidance for prosecution and litigation. Attendees will analyze the Federal Circuit's Recentive Analytics v. Fox decision (April 2025), which held that applying generic machine learning to new data environments is patent-ineligible absent technological improvements to the ML process itself; the August 4, 2025 memorandum from Deputy Commissioner Charles Kim reminding examiners to limit mental process groupings to claims that cannot practically be performed in the human mind, distinguish claims that recite versus merely involve judicial exceptions, analyze claims as a whole, and apply the preponderance standard for rejections; USPTO Director John Squires' precedential Ex parte Desjardins decision (September 2025, designated precedential November 2025), which reversed a PTAB § 101 rejection and found that improvements to ML model operation constitute patent-eligible technological advancements under Enfish; and Director Squires' December 4, 2025 memoranda on Subject Matter Eligibility Declarations (SMEDs), which encourage applicants to submit Rule 132 declarations with objective evidence demonstrating that claimed inventions cannot practically be performed in the human mind or provide technological improvements, and require examiners to consider and address such evidence.
Attorneys will learn to:
