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Expert Analysis

Patent Eligibility Faces Widening Gap Between USPTO, Courts

By Bijal Vakil and Will Wray ( January 29, 2026, 6:32 PM EST) -- For over a decade, Section 101 of the Patent Act has posed a substantial obstacle to those seeking to obtain or monetize software patents. Artificial intelligence-based patents face that same obstacle. In 2025, the U.S. Patent and Trademark Office did nearly everything in its power to remove that obstacle and throw open the doors to AI patents. Federal courts, however, may not be on the same page....

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