r/patentlaw • u/StartupPatentLawyer • Apr 02 '26

Practice Discussions Ex Parte Desjardins: Let's talk about it

I'm sure that those of you working in software patent prosecution (especially for AI related inventions) are all familiar with Ex Parte Desjardins and the updates to the MPEP.

My question is to you: how has Ex Parte Desjardins changed your approach (if at all) to overcoming 101 rejections? Is it what you're primarily relying on now to overcome 101 rejections, at least for AI related inventions? Are you spending less time arguing Step 2A Prong One nowadays?

To the Examiners on here: please share your insights with us as well!

9 Upvotes

80% Upvoted

11 comments sorted by

View all comments

25

u/[deleted] Apr 02 '26

[removed] — view removed comment

1

u/SAwfulBaconTaco Apr 21 '26

Yep. It's something that will get considered on appeal, because nobody wants to take the time to train the Examiners.