Big Changes For AI Patents In 2025!

Описание: Major new memos from the USPTO have just been incorporated into the Manual of Patent Examination Procedure, signaling significant shifts in patent law. These updates will critically impact the patent process, especially for artificial intelligence (AI) inventions, making effective patent prosecution more important than ever for 2025. Stay informed on these changes to navigate the evolving landscape.

If you have filed a patent application in the last decade—especially for software, AI, or medical diagnostics—you likely know the dreaded "Section 101" rejection. This is where the examiner claims your invention is just an "abstract idea" or "mental process."

But as of yesterday, December 4, 2025, the strategy for fighting these rejections has shifted dramatically.

New USPTO Director John Squires has issued two massive memos that serve as a Game Changer for Software and AI Patents. In this video, I break down the new "SMED" (Subject Matter Eligibility Declaration) and why the Patent Office is effectively inviting applicants to stop arguing and start proving eligibility with facts.

In this video, you will learn:

The "SMED" Strategy: Why shifting from attorney argument to sworn factual declarations is the new preferred path for Subject Matter Eligibility.

In re Desjardins: The new precedential decision regarding machine learning and "catastrophic forgetting" that opens doors for AI patenting.

3 Real-World Examples: How to use a SMED for Network Security (Mental Process), AI/Neural Networks, and Computer Animation.

The "Clean Record" Rule: The critical procedural warning from the Director about keeping your Section 101 and Section 103 evidence separate.

If you have a pending application stuck in a rejection, or if you are about to file for a high-tech invention, you need to understand how to use evidentiary declarations to support your claims.

📄 READ THE MEMO: USPTO updates subject matter eligibility guidance in the MPEP linked here: https://www.uspto.gov/sites/default/f...

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DISCLAIMER: This video is for general information purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. Always consult with a qualified patent attorney regarding your specific situation.

#PatentLaw #AI #SoftwarePatents #USPTO #IntellectualProperty #SubjectMatterEligibility #SMED #Innovation #TechNews


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