USPTO Clarifies Eligibility Examination Standards for Software Innovations | Foley & Lardner LLP

▤ Summary

The USPTO issued a memorandum that clarifies how examiners should assess subject matter eligibility for software, AI, and machine learning inventions under Section 101. The guidance reinforces existing Alice/Mayo practice and stresses careful use of the mental process category, claim-as-a-whole analysis, and practical application review. It also reminds examiners to issue eligibility rejections only when ineligibility is more likely than not. For software innovators, the memo may reduce over-rejection and make prosecution more predictable. The update can help applicants frame claims and budgets with greater confidence.

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