Marianne Buckley and Jim Flight, Capital Members of Hanley Flight & Zimmerman, recently delivered a continuing legal education presentation titled “Riding the AI Wave: How AI Tools and the USPTO’s Newest AI Policies Can Lift Your Technology Portfolio,” sponsored by the Association of Corporate Counsel’s Austin chapter. Marianne covered how recent USPTO policy shifts impact patent prosecution, and Jim spoke to leveraging AI to safely build patent portfolios.
Marianne discussed decisions and statements from the USPTO in late 2025 that indicated a policy change on subject-matter eligibility, including updates to the Manual of Patent Examining Procedure that remind examiners to avoid overgeneralizing or dismissing elements as mere “generic” computer components. While questions remain in view of how the courts will handle Section 101 attacks on patents, particularly in the AI space, Marianne explained that USPTO policies are favoring applicants who take a mindful, strategic approach to patenting.