Authors: Charles R. Macedo, Lewis Derenzis III and Joshua Jacobson
New York Intellectual Property Law Association (NYIPLA) – Summer/Fall 2025
In a recently published NYIPLA article, attorneys at Amster, Rothstein & Ebenstein, LLP examine a notable shift in the U.S. Patent Trial and Appeal Board’s treatment of patent-eligibility rejections under 35 U.S.C. § 101.
As the authors observe, “Since the arrival of the Trump administration and former Acting Director Coke Morgan Stewart at the U.S. Patent Trial and Appeal Board (PTAB), the PTAB has changed its approach in ex parte appeals with respect to reviewing patent-eligibility rejections under 35 U.S.C. § 101.” The article highlights a growing number of reversals of § 101 rejections and a trend toward greater leniency in determining patent eligibility, including more than 50 reversals in the current year alone.
Read the full article here to learn more.