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Dentons

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Key Section 101 Insights for In-House Counsel from USPTO ARP Decision in Ex parte Desjardins

The USPTO Appeals Review Panel’s (ARP) rehearing decision in Ex parte Desjardins (“Decision”) appears to signal a meaningful shift in how AI-related patent claims are evaluated under Section 101. Echoing his recent patent-signing ceremony rhetoric on protecting “applied technologies,” including AI, Director Squires critiqued overbroad eligibility analyses that risk ceding U.S. leadership in emerging tech.