"One of the first things the decision discussed was the technological improvements to training advanced by the Desjardins application. When considering whether the claim at issue recited a practical application at Step 2A, prong 2 of the Alice framework, the Desjardins decision noted that this "determination requires us to 'evaluate the significance of the additional elements relative to the invention,' while being mindful that 'the ultimate question' is 'whether the exception is integrated into a practical application.' MPEP § 2106.04(d)(II).""
""This case demonstrates that §§ 102, 103 and 112 are the traditional and appropriate tools to limit patent protection to its proper scope. These statutory provisions should be the focus of examination." - Ex parte Desjardins In Ex parte Desjardins, Appeal 2024-000567 (Decided September 26, 2025), the U.S. Patent and Trademark Office's (USPTO's) Appeals Review Panel (ARP) - which in this instance included Director John A. Squires, Acting Commissioner Valencia Martin Wallace, and Vice Chief Judge Michael W. Kim - considered a claim directed to training machine learning models."
Ex parte Desjardins involved an Appeals Review Panel review of a claim directed to training machine learning models, with Director John A. Squires, Acting Commissioner Valencia Martin Wallace, and Vice Chief Judge Michael W. Kim on the panel. The panel recognized asserted technological improvements in training advanced models and applied Alice Step 2A, prong 2, citing MPEP § 2106.04(d)(II) to evaluate whether additional elements integrate the exception into a practical application. Paragraph 21 of the specification identified training improvements, but specification assertions alone were deemed insufficient without supporting claim elements. The panel emphasized §§102, 103, and 112 as proper tools to limit patent scope and noted utility for USPTO proceedings and IPRs, with limited effect on Article III litigation.
#patent-eligibility-alice #machine-learning-model-training #sections-102103112 #uspto-appeals-review-panel
Read at IPWatchdog.com | Patents & Intellectual Property Law
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