"The PTAB has demonstrated a striking pivot in its treatment of Section 101 eligibility rejections during October 2025 -- the first month following newly confirmed USPTO Director John Squires' immediate policy interventions on patent eligibility. New data reveal that the PTAB has dramatically reduced its issuance of new grounds for rejection under Section 101 while simultaneously increasing reversals of examiner 101 rejections at unprecedented rates."
"The PTAB has demonstrated a striking pivot in its treatment of Section 101 eligibility rejections during October 2025 -- the first month following newly confirmed USPTO Director John Squires' immediate policy interventions on patent eligibility. New data reveal that the PTAB has dramatically reduced its issuance of new grounds for rejection under Section 101 while simultaneously increasing reversals of examiner 101 rejections at unprecedented rates. The chart below looks at PTAB decisions involving Section 101 eligibility from the same one-month period across four consecutive years."
During October 2025 the PTAB shifted its approach to Section 101 eligibility, coinciding with immediate policy interventions by newly confirmed USPTO Director John Squires. New data show the Board markedly reduced issuance of new grounds for rejection under Section 101 while reversing examiner 101 rejections at unprecedented rates. The magnitude of reversals represents an abrupt break from prior patterns observed in earlier years. A comparative chart examines PTAB decisions involving Section 101 eligibility from the same one-month period across four consecutive years, illustrating the scale and timing of the change. The data indicate a rapid, policy-linked change in enforcement of patent eligibility standards.
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