101 Crossroads: Can the USPTO Fix What the Courts and Congress Won't? / IPWatchdog Unleashed

"There can be little doubt that the U.S. patent system is at an inflection point. The growth of artificial intelligence (AI) is accelerating, and there is a growing understanding that dominating AI technologies is a matter of national and economic security. But as important as everyone seems to recognize AI innovation to be, there is widely diverging handling of AI innovations within government, with almost astonishingly different views between the Executive Branch and the Judicial Branch, and the Legislative Branch simply missing in action."

"On one side stands a U.S. Patent and Trademark Office (USPTO) making a concerted effort to restore predictability and coherence to patent eligibility. On the other side sits a Federal Circuit that continues to inject uncertainty, inconsistency, and-too often-intellectual laziness into Section 101 jurisprudence. That tension was front and center in our discussion about the state of patent practice, Director Squires' recent initiatives, and the broader policy implications for innovation in the United States."

"John, Clint and I discuss how the USPTO is trying to bring certainty to the examination of patent applications that have been plagued with patent eligibility headaches and complications for most of the last 15 years. During our conversation we focus on the recent updates to the Manual of Patent Examining Procedures (MPEP), which came out earlier this month in response to the decision of the Appeals Review Panel in Ex parte Desjardins."

The U.S. patent system is at an inflection point because artificial intelligence is rapidly advancing and dominating AI technologies is increasingly framed as a national and economic security priority. The USPTO under Director John Squires is pursuing measures to restore predictability, discipline, and coherence to patent eligibility and examination. Recent MPEP updates followed the Appeals Review Panel decision in Ex parte Desjardins to address longstanding eligibility headaches. The Federal Circuit continues to produce inconsistent Section 101 rulings that inject uncertainty. Congressional oversight or reform remains largely absent. The resulting tension affects innovation incentives and the competitive position of U.S. technology development.

Read at IPWatchdog.com | Patents & Intellectual Property Law